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ARTICLE · 10 SEPTEMBER 2019

Introduction Of Trust Law In Switzerland

The Swiss trust law has been a long time in the making. Since the ratification of the Hague Trust Convention in 2007 several attempts were made by interested parties

SwitzerlandWealth Management

The Swiss trust law has been a long time in the making. Since the ratification of the Hague Trust Convention in 2007 several attempts were made by interested parties to come to legislation on the proper Swiss trust; thus far unsuccessful. However, this may be (soon) changing.

Background

With the 2007 ratification by Switzerland of the Hague Trust Convention, for the first time, trusts would be recognised as such in Switzerland. The chosen law of the trust would be accepted by Swiss courts. Besides, it was now possible to opt for Swiss jurisdiction. This was undoubtedly progress for Swiss-based trust practitioners such as Intertrust.

This did not mean, however, that there was such a 'thing' as the Swiss trust. As early as 2009/2010, attempts were made by members of parliament to come to a Swiss trust law (the Law). In 2015 a motion was introduced to review the possibility of a Law, but again no joy. In 2016 a member of parliament submitted an initiative promoting

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