Property Trusts

Property in Malta can also be acquired via a trust. The setting up of trusts in Malta is regulated by the Trusts and Trustees Act 2004. Four years on, Malta has built a reputation as a respected and stable trust jurisdiction, based on a modern trust law, proper authorisation and regulation of trustees and a respected judicial system.

The trust is increasingly being adopted for varying levels of asset protection and estate planning. Foreign and local families alike are not too reluctant to shed the pride of direct property ownership in favour of a well-planned family strategy and competent property management that can be provided by a professional trust company, often recommended by the familys trusted lawyer.

Therefore, it is now very common for property to be bought in trust for use by the new Malta resident family and friends, and to be maintained and managed in the best interests of the beneficiaries and in a manner that maximises the property investment held in trust. Specialist property trustees are able to competently manage a real estate portfolio in an effective manner, bringing together expertise not only in trust and financial management but also in property development and property management, as well as considerable experience in real estate transactions in Malta.

Chetcuti Cauchi advises on the acquisition of property in Malta via a Maltese trust.  Claris Trustees & Fiduciaries Ltd, our licensed trust company, acts as professional trustee to a number of private trusts including trusts holding estates of high net worth individuals, including real estate and immoveable property, art, vessels, luxury vehicles and aircraft.  Claris Trustees provides confidential wealth ownership and management for local and foreign HNW individuals.

The setting up of trusts in Malta is regulated by the Trusts and Trustees Act. The Act provides for the creation of trusts and authorisation and supervision of trustees. In this regard, the MFSA is the competent authority for the purposes of the Act. The Act incorporates within its provisions the Hague Convention on the Law Applicable to Trusts and on their Recognition which Malta has ratified.

The Maltese Regulatory Environment
The Malta Financial Services Authority (MFSA) is responsible for the authorisation, regulation and supervision of trustees. The MFSA also licenses, regulates and supervises banking and financial institutions, and investment services business.

The MFSA is an autonomous public authority constituted and regulated by the Malta Financial Services Authority Act. The MFSA aims to provide a seamless regulatory function for financial services. It also houses the Registry of Companies.

The MFSA requires the highest standards of probity and honesty. Every licence is issued subject to standard conditions which may be adapted to suit certain circumstances so long as standards are not compromised.