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Barbados trust law and key features
Barbados trust law centres on the Trusts (Miscellaneous Provisions) Act 2018-49 and the Trustee Act, Cap. 250, as listed by Invest Barbados. A 2018 Bill ties trustee status to two other Acts. Your lawyer confirms how the Acts apply to your deed.
Reviewed by a senior trust administrator, updated
The legal frame at a glance
What the law provides, with the source number for each item.
Key facts
- Trust structure
- International Trusts Act, Cap. 245, is still listed[1]
- Trustee requirement
- Trustee defined by reference to two named Acts[2]
- Trust structure
- International Trusts Act, Cap. 245, is still listed[1]
Numbers in brackets point to the Sources list at the end of this page.
Swipe sideways to see the whole diagram.
- SettlorSets up the structure and transfers assets into it
- transfers assets under a trust deedTrusteeHolds the assets and manages them under the trust deed
- holds and distributesBeneficiariesPeople who benefit from the trust under its terms
- Trustee holds legal titleTrust assetsThe property held in the structure
Roles and notes
| Part of the structure | What it does |
|---|---|
| Settlor | Sets up the structure and transfers assets into it |
| Trustee | Holds the assets and manages them under the trust deed |
| Beneficiaries | People who benefit from the trust under its terms |
| Trust assets | The property held in the structure |
- The trustee is usually a Barbados trust company.
- A protector is a role the deed may create, often with power to approve key trustee decisions.
- The deed names or describes the beneficiaries, and the trustee acts only within its terms.
- Barbados passed a trusts Act in 2018, so older commentary needs checking with counsel.
The governing law
The Invest Barbados legislation page lists the 2018 Act, number 2018-49, and the Trustee Act, Cap. 250 (source: Invest Barbados: Barbados Legislation). Together they are the starting point for a Barbados trust.
The same page also lists an older International Trusts Act. Your lawyer confirms how it applies to your deed and which Act governs a new trust.
Every point below comes from listings and from a 2018 Bill.
Barbados passed a trusts Act in 2018. Check the date on any commentary you read, and ask your lawyer which article describes your deed.
Who may act as trustee
The 2018 Bill defines the trustee by reference to two named Acts (source: Parliament of Barbados: Trusts (Miscellaneous Provisions) Bill 2018). That points to a trust company based in Barbados.
Your lawyer confirms which trustee suits your deed.
A trust company in Barbados holds office in that role, and we are your contact as a settlor living abroad.
You can choose other people for other roles, such as an investment adviser you appoint, subject to the deed and to local advice.
Features the law allows
The points below are what the listings and the Bill describe. Each one is a tool for your lawyer, not a result we promise.
| Feature | What the sources describe |
|---|---|
| Statute | The 2018 Act and the Trustee Act |
| Older regime | An International Trusts Act is still listed on the legislation page |
| Trustee | Tied to two other Acts |
Basis: the Invest Barbados legislation page and the 2018 Bill, dated 2026-11-05.
Duration, purpose trusts, powers a settlor may keep, creditor time limits and the treatment of foreign judgments are points your lawyer settles for your deed.
Ask your lawyer for a short written note that sets out each point on this page for your deed. We pass the note to your tax adviser and the trustee, so all three work from the same reading.
Our page on wealth structuring and asset protection explains how we approach planning against claims in general.
Limits and requirements
The structure comes with conditions, and one that ignores them can fail. The main ones your lawyer will raise are these.
- Trustee. The trustee is named in the deed, so choose the trust company with care.
- Older regime. Your lawyer confirms how the older international trust rules apply to your deed.
- Timing of transfers. How the timing of a transfer relates to an existing or expected claim is a point counsel examines. Your lawyer reviews timing before anything moves.
- Your home courts. A court at home may treat you as still owning assets you control, whatever the Barbados rules say.
- Records and conduct. The trustee must act under the deed in practice, with real meetings and resolutions.
We never describe these trusts as making assets untouchable. Outcomes depend on facts and on courts we do not control.
The formation steps and documents show where these checks happen during set-up.
Sources and review dates
Every point on this page comes from the legislation listing of Invest Barbados, dated 2026-11-05, and from a 2018 Bill.
The two listing facts come from the Invest Barbados page.
Practical questions about running the trust are covered in our plain answers to common questions. For what each part costs, see the breakdown of set-up and yearly charges. The Barbados guide shows how the pieces fit together.
Frequently asked questions
Which law governs a trust in Barbados?
Invest Barbados lists the 2018 Act and the Trustee Act on its legislation page. The deed names its governing law. Together they are the starting point for a Barbados trust, and the governing law the deed names should agree with them. Your lawyer confirms how they apply to your deed. We coordinate the papers and reporting, and the trustee decides under the deed.
Who may act as trustee in Barbados?
A 2018 Bill ties trustee status to two other Acts, which suggests a trust company located in Barbados. Your lawyer confirms which trustee suits your deed, and the deed names the trustee. Ask your Barbados lawyer to explain each role before you sign.
Can a trust in Barbados have a protector?
How the 2018 Act treats a protector is a point Barbados counsel checks. A deed may be drafted with one, and The 2018 Act and the older International Trusts Act, Cap. 245, may treat the powers you want differently, and your lawyer confirms how they apply to your deed. We ask for that advice before anyone is named.
Sources
- Invest Barbados: Barbados Legislation, read 2026-11-05.
- Parliament of Barbados: Trusts (Miscellaneous Provisions) Bill 2018, read 2026-11-05.