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Gibraltar trust: how it works and how to set one up
A Gibraltar trust is a trust governed by the law of Gibraltar, in which a trustee holds assets for the beneficiaries or purposes named in a deed. We work with a local partner in Gibraltar, and you can start with a quote.
Reviewed by a senior trust administrator, updated
Key facts
- Governing law
- Gibraltar trust law includes the Trustees Act and the Trusts (Recognition) Act 1989[1]
- Perpetuity period
- The Perpetuities and Accumulations Act 1986 was amended in 2014[2]
- Foreign law rules
- The 1989 Act deals with recognising foreign trusts[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 settlor transfers assets to a trustee under a written trust deed governed by Gibraltar law.
- A local partner in Gibraltar takes a defined role.
- A letter of wishes guides the trustee's discretion; it does not bind the trustee.
- A Gibraltar law firm drafts the deed, and you review it with your own lawyer.
- Your own advisers still cover tax in the countries where you and your family live.
What a trust in Gibraltar is
A trust is a legal relationship set out in a deed, not a company. You, the settlor, transfer assets to a trustee.
The trustee becomes the legal owner, but holds and manages the assets under the deed, for the beneficiaries or for a stated purpose.
Gibraltar’s trust law sits in several statutes. The official index lists, among others, the Trustees Act and the Trusts (Recognition) Act 1989 (source: Laws of Gibraltar, Trusts legislation).
It also lists a Purpose Trusts Act 2015 (same source). The Perpetuities and Accumulations Act 1986 was amended in 2014 (source: Laws of Gibraltar, Perpetuities and Accumulations legislation).
The facts table links the text of each law; your lawyer confirms which provisions apply to your deed.
Most families would choose a discretionary trust. The trustee decides who receives what and when.
A letter of wishes, which the settlor writes and can update, guides the trustee. The letter is not binding, so the trustee can respond when circumstances change.
A trust is also not a way to hide assets. Banks, tax authorities and the trustee itself need to know who stands behind the trust.
What a trust does offer is continuity. A professional trustee follows the deed after the settlor steps back, falls ill or dies.
What happens to assets held in other countries depends on the law there, and advisers in each place confirm it.
The law and features page sets out the facts with their source and date; your lawyer confirms how each applies to your deed.
The people in a trust are few. The settlor puts assets in. The trustee holds them.
The beneficiaries are the people, or the class of people, who benefit. Some trusts also have a protector who must consent to key decisions, and some have an investment manager chosen by the settlor.
Each role is written into the deed, and the deed also says how a role can be changed. That is why drafting is a stage of its own and not a formality.
Who a trust in Gibraltar suits
The families this suits have assets or companies in the United Kingdom and in other countries, and want a lasting structure under a single law.
- Families with a link to the United Kingdom or to Europe who want a trust in a nearby place.
- Settlors who want to compare an asset protection trust with a plain discretionary trust.
- Families who would use a private trust company or a foundation next to the trust.
- Families weighing Gibraltar against Jersey, as the comparison page sets out.
Where you live does not stop you from starting.
If we do not meet you in person, we take at least one extra step to confirm who you are, such as a second set of identity documents or a first payment from an account in your own name.
The structures families ask about are these:
- Discretionary trust. The trustee decides distributions within a class of beneficiaries, guided by the letter of wishes.
- Reserved powers trust. The settlor keeps certain powers, such as directing investments. How far that works under Gibraltar law is a point your lawyer confirms.
- Asset protection trust. A trust set up with the position of creditors in mind. No trust can promise protection, and the law page says what your lawyer confirms for your case.
- Purpose trust. A trust held for a stated purpose rather than named people. A Purpose Trusts Act 2015 appears in the official list (source: Laws of Gibraltar, Trusts legislation).
- Private trust company or foundation. A company that acts as trustee for one family, or a separate legal entity. Your lawyer confirms how the rules apply to your deed before either is formed.
Existing trusts are welcome too. Our trust administration service shows what administration covers once we are appointed.
What the trustee does
The trustee must follow the deed, act in the interests of the beneficiaries and keep proper records.
In practice the trustee’s work looks like this:
- holding title to the assets and keeping them separate from its own;
- trustee meetings with minutes for each distribution or major decision;
- accounts and an asset report that we send you;
- a periodic refresh of identity checks on the people connected to the trust;
- collecting the self-certification forms used for tax information exchange.
We work with a local partner where the work is done in Gibraltar, and the engagement letter sets out its role.
A trustee does not decide alone on matters the deed reserves. If the deed names a protector, the protector’s consent may be needed for some decisions.
If the settlor has kept an investment power, the trustee follows it as the deed allows.
What stays with the settlor is the choice of beneficiaries, the letter of wishes, and either the decision on how assets are invested or the appointment of a professional manager to decide.
Documents and steps to start
The trustee asks for identity documents, evidence of where your money and wealth came from, and the details that go into the trust documents.
| What we ask for | Who it concerns | Why |
|---|---|---|
| Passport and proof of address | Settlor, protector, anyone who can direct the trust | Identity and address checks |
| Occupation and evidence of source of funds and wealth | Settlor | To show where the assets came from |
| Names and details of beneficiaries | Beneficiaries | Identification; for a class, enough detail to identify them at payout |
| Incorporation papers and share register | Any company placed in the trust | To confirm ownership and control |
The table is our onboarding checklist.
Identity checks cover every person who can direct the trust, not only the settlor.
Source-of-funds checks show where the money going into the trust came from, and source-of-wealth checks show how the settlor’s overall wealth was built.
Typical evidence is a sale agreement for a business, dividend statements and bank statements.
A Gibraltar law firm drafts the deed, with your letter of wishes alongside it. You review the draft with your own lawyer.
Timing depends on how complete your documents are and on third parties: the law firm, the local partner and the bank. We give no promised dates.
The step-by-step set-up guide walks through every stage. To start, request a quote.
Facts we reviewed, with source and date
This page rests on the facts in the box at the top. Each one shows its source and review date, 2026-11-05.
The facts carry their source and date and are not legal advice; your lawyer confirms how each applies to your case.
For a view of another place, read the Jersey overview, or browse every place we cover. The common questions page answers the practical points.
Frequently asked questions
Who can set up a trust in Gibraltar?
A settlor with assets to place in trust can begin. The trustee checks who you are and where the assets came from, a Gibraltar law firm drafts the deed, and you review it with your own lawyer. A local partner takes a defined role.
How do I start in Gibraltar?
Start with a quote; it commits you to nothing. Your own lawyer and tax adviser come first, because they know your position at home. We ask what you want the trust to do and which assets are involved, then begin identity checks, with a Gibraltar law firm and a local partner joining.
Sources
- Laws of Gibraltar: Trusts legislation, read 2026-11-05.
- Laws of Gibraltar: Perpetuities and Accumulations legislation, read 2026-11-05.