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Setting up a trust in Gibraltar: steps and documents
Seven stages cover setting up a trust in Gibraltar: enquiry, identity checks, structure design, drafting, signing, incorporation where needed, and funding. This guide shows the order and the documents we ask for at each stage. Ask us for a quote.
Reviewed by a senior trust administrator, updated
Seven stages, who does what
Select a stage to read what slows or speeds it.
- EnquiryYou
- Identity checksOne Pacific Trust
- Structure designOne Pacific Trust
- DraftingLaw firm, bank, adviser or trustee
- SigningYou
- Incorporation, where neededLaw firm, bank, adviser or trustee
- FundingLaw firm, bank, adviser or trustee
YouOne Pacific TrustLaw firm, bank, adviser or trustee
Legal basis: Governing law[1]
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.
How the process runs
Enquiry
You tell us what the structure should do and which assets are involved, and we reply with the next questions.
Identity checks
We verify the settlor, any protector, the others connected with the trust, and the source of the funds.
Structure design
We agree the structure with a Gibraltar law firm and the local partner, and who sits in each role.
Drafting
The law firm drafts the deed and you write a letter of wishes; you review the draft with your own lawyer.
Signing
You sign the deed and the trustee accepts office; signing at a distance depends on what your lawyer confirms.
Incorporation, where needed
A company or foundation in the structure is incorporated, and a local partner does the work in Gibraltar.
Funding
Assets move into the trust: a bank account is opened, shares are transferred and the asset register is written up.
Before you start: what you decide
Before any paper is signed, you decide four things: what the trust is for, who it benefits, which assets go in, and who acts as trustee.
The purpose can be family continuity, holding a business, or a stated purpose with no named beneficiaries. Some settlors also want to compare a plain discretionary trust with an asset protection trust.
The law and features page describes the rules.
Gibraltar trust law includes the Trustees Act and the Trusts (Recognition) Act 1989 (source: Laws of Gibraltar, Trusts legislation). Your deed names its governing law expressly.
You also decide how involved you want to stay. Some families keep investment decisions, and others appoint a professional manager.
Think about who should sit in each role. The settlor, the trustee, the beneficiaries and any protector are different people or entities, and the deed names each one.
A protector, if you want one, is chosen at this stage because the deed must describe the role.
If you already have advisers, bring them in early. A lawyer or tax adviser who sees the plan before the deed is drafted can raise a question when changing the plan is still simple.
Step by step: from enquiry to signed deed
Nothing is signed until your lawyer has reviewed the deed and the trustee has confirmed it will act. The steps below run in this order. Some steps can overlap, and your case may add one.
- Enquiry. You tell us what you want the structure to do and which assets are involved. We reply with the next questions.
- Identity checks. We verify the settlor, any protector and the other people connected with the trust, and the source of the funds.
- Structure design. We agree the structure with a Gibraltar law firm and the local partner: trust, foundation or private trust company, and who sits in each role.
- Drafting. The law firm drafts the deed, and you write a letter of wishes alongside it. You review the draft with your own lawyer.
- Signing. You sign the deed, and the trustee accepts office. Signing at a distance depends on what your lawyer confirms.
- Incorporation, where needed. A company or foundation in the structure is incorporated in this stage. A local partner does the work in Gibraltar, and the engagement letter sets out its role.
- Funding. Assets move into the trust: a bank account is opened, shares are transferred, and the asset register is written up.
Documents the trustee asks for
The trustee asks for the same core set from every settlor. The table shows who each item concerns.
| 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 and source-of-funds checks
Identity checks confirm who you are. Source-of-funds checks show where the money going into the trust came from, and source-of-wealth checks show how your overall wealth was built.
Typical evidence includes a sale agreement for a business, dividend statements and bank statements. We keep copies and refresh the checks over time on a schedule set by risk.
The checks also cover the people who can direct the trust, not only the settlor. A protector, a director of a private trust company and a named investment manager are each identified in the same way.
If we have not met you in person, we take at least one extra step. Examples are a second set of identity documents, supplementary checks on the information given, or a first payment from an account in your own name.
The local partner carries out its own checks as well. We share your file with it under a data-sharing agreement, so you are not asked for the same papers twice.
After the trust is set up
After signing, the work becomes routine. The trustee keeps the records, holds meetings when decisions are needed, prepares the accounts and refreshes identity checks.
We send you the asset report and the minutes, and you can update your letter of wishes at any time.
Each year the trustee also collects the self-certification forms used for tax information exchange. Your own tax adviser covers your personal position.
For an existing trust, our trust administration service shows what administration covers once we are appointed.
The guide to what you pay explains who charges for each part of the work.
Compare Gibraltar with Jersey on the comparison page, or read the common questions for quick answers. To get started, request a quote for Gibraltar.
Frequently asked questions
How long does set-up take in Gibraltar?
It depends on how complete your documents are and on third parties: the law firm, the local partner and the bank. Identity checks and moving the assets usually set the pace. We give no promised dates, and we show where each step stands.
Which documents do I need for a trust in Gibraltar?
You need a passport and proof of address, evidence of where your funds and wealth came from, details of the beneficiaries, and incorporation papers for any company you place in the trust. The table on this page lists each item and why it is needed.
Can I set up a trust in Gibraltar from abroad?
Yes, in principle. Checks and signing can be done at a distance, and we add one safeguard when we have not met you in person. The identity and source-of-funds checks section on this page sets out the options and what each one needs.
Sources
- Laws of Gibraltar: Trusts legislation, read 2026-11-05.
- Laws of Gibraltar: Perpetuities and Accumulations legislation, read 2026-11-05.