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Asset protection trust in Gibraltar: key features and rules
No trust can promise protection. This page covers the law on an asset protection trust in Gibraltar: the governing statute, who may act as trustee, and the features and limits, marking which points your lawyer confirms for your case before any 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
- 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]
- Perpetuity period
- The Perpetuities and Accumulations Act 1986 was amended in 2014[2]
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 deed governed by Gibraltar law.
- Whether a transfer can be challenged depends on timing, solvency and the facts at the date of transfer.
- A Gibraltar lawyer confirms the rules for an asset protection trust before any deed is drafted.
- The trustee holds legal title and follows the deed.
- Your own lawyer would advise on the law of the place where you live.
The governing law
Trust law in Gibraltar rests on statutes and on the deed. The official index lists the Trustees Act and the Trusts (Recognition) Act 1989 under its trusts heading (source: Laws of Gibraltar, Trusts legislation).
The same list includes 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 of what a family experiences is in the deed. It says who the trustee is, what the trustee may do, who benefits, whether there is a protector, and how any of that can change. The statutes set the frame inside which the deed works.
The statutes set default rules, and a deed can adjust many of them. A deed that says nothing on a point leaves the trustee to follow the default. The wording of the deed therefore decides much of how a trust runs.
The overview of Gibraltar trusts puts the structure in context.
Who may act as trustee
An individual or a company can be a trustee, as the deed provides. A professional trustee is a business that acts as trustee for clients and keeps the records that the deed and the law require.
We work with a local partner where the work is done in Gibraltar, and the engagement letter sets out its role.
Choosing between an individual and a professional trustee is a practical decision. Think about continuity if the person dies or moves away, how records are kept, and how much time the role takes.
Features the law allows
Four features come up most often. The notes below say how we treat each one.
- Asset protection. Any added protection Gibraltar law gives a trust, and the conditions for it, depend on the deed and your own facts, so we state none here.
- How long a trust may last. A perpetuities act exists, and the period it sets is a point your lawyer confirms for your case.
- Purpose trusts. A Purpose Trusts Act 2015 appears in the official list. Counsel advises on the roles such a trust needs.
- Protectors and letters of wishes. These come from the deed. The law leaves room for them, and the deed defines them.
Where a feature is marked as a point your lawyer confirms, the practical step is the same: we put the question to Gibraltar counsel in writing, receive the answer in writing, and show it to you and your own lawyer before you decide.
Each feature is a tool, not a result. Whether it works for your family depends on your residence, your assets and the law of the places where they sit.
Limits and requirements
The law also sets limits, and they serve creditors and beneficiaries as much as the settlor.
A transfer made to defeat a creditor, or when the settlor is insolvent, can be challenged in many places. Whether and how Gibraltar law limits that, and for how long, is something to confirm with your lawyer before you sign.
We do not take a transfer that looks aimed at a claim that already exists.
Before accepting a trust, we identify and verify the settlor, any protector and the other people connected with it, and keep records of that work.
The trustee also has reporting duties. They depend on the structure and on where the people connected with it live, and your lawyer confirms them in writing.
The set-up guide shows the structure design stage, where those checks usually happen.
Sources and review dates
Each fact on this page carries 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.
To see what a structure like this costs and who charges for it, read the Gibraltar cost guide.
The common questions page answers the practical points, and you can request a quote.
Frequently asked questions
Which law governs a trust in Gibraltar?
Gibraltar's trust statutes and the deed itself govern a trust set up under Gibraltar law. Among the statutes, the official index names the Trustees Act and the Trusts (Recognition) Act 1989. So that no doubt arises, the deed should state its governing law in express terms.
Can a company be the trustee of a Gibraltar trust?
Yes, the deed may appoint either a person or a company. A professional trustee is a business that serves clients and maintains the books that the trust documents and statute call for. We work with a local partner for the part of the job carried out in Gibraltar.
Can a trust in Gibraltar have a protector?
A deed can name a protector to consent to key decisions, such as adding beneficiaries. The role comes from the deed rather than from a statute. Your lawyer confirms what powers a protector can hold before the deed is drafted.
Sources
- Laws of Gibraltar: Trusts legislation, read 2026-11-05.
- Laws of Gibraltar: Perpetuities and Accumulations legislation, read 2026-11-05.