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Recognition of Trusts Act 1987

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Chapter IVE+W+S+N.I. —General Clauses

Article 15E+W+S+N.I.

The Convention does not prevent the application of provisions of the law designated by the conflicts rules of the forum, in so far as those provisions cannot be derogated from by voluntary act, relating in particular to the following matters—

(a)the protection of minors and incapable parties;

(b)the personal and proprietary effects of marriage;

(c)succession rights, testate and intestate, especially the indefeasible shares of spouses and relatives;

(d)the transfer of title to property and security interests in property;

(e)the protection of creditors in matters of insolvency;

(f)the protection, in other respects, of third parties acting in good faith.

If recognition of a trust is prevented by application of the preceding paragraph, the court shall try to give effect to the objects of the trust by other means.

Article 16E+W+S+N.I.

The Convention does not prevent the application of those provisions of the law of the forum which must be applied even to international situations, irrespective of rules of conflict of laws.

Article 17E+W+S+N.I.

In the Convention the word “law” means the rules of law in force in a State other than its rules of conflict of laws.

Article 18E+W+S+N.I.

The provisions of the Convention may be disregarded when their application would be manifestly incompatible with public policy.

Article 22E+W+S+N.I.

The Convention applies to trusts regardless of the date on which they were created.

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