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Malta trust: how it works and how to set one up
A Malta trust is an arrangement under which a trustee holds assets for beneficiaries under a written deed, governed by the Trusts and Trustees Act. We work with a trustee in Malta, run the identity checks and prepare the papers with you and your own lawyer. Ask us which papers to gather first.
Reviewed by a senior trust administrator, updated
Key facts
- Trust structure
- Trust under Cap. 331; the deed names the trustee and the beneficiaries[1]
- Governing law
- Trusts and Trustees Act (Cap. 331)[1]
- Perpetuity period
- Maximum duration 125 years (Art. 12)[1]
- Protector
- Settlor may reserve the power to appoint a protector (Art. 14A)[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 the trustee under a written deed, and the Act supplies the default rules.
- The trustee is a firm or individual in Malta, working with us on onboarding and records.
- Beneficiaries are named or described in the deed, for example as a class such as children and grandchildren.
- A protector, if the deed creates one, can be asked to consent to key trustee decisions.
What a trust in Malta is
It is a trust governed by the Trusts and Trustees Act, which forms Chapter 331 of the laws of Malta. The Ministry for Justice publishes the text of the Act.
The settlor transfers assets to the trustee. The trustee holds them for the beneficiaries that the deed names or describes.
Malta is a member of the European Union, and its legal system draws on English common law as well as civil law. Families from both backgrounds look at it.
The main roles are few. The settlor creates the trust. The trustee holds the assets and takes the decisions that the deed gives it.
Distributions may go to beneficiaries named individually or as a class. If the deed creates a protector, that person gives consent to key decisions.
Not every goal calls for a trust. Where another route fits better, the first review will show that and we say so at once.
Who a trust in Malta suits
A family trust in Malta usually puts assets under a trustee in the European Union, or backs succession planning in a family business. This page describes typical use cases.
Typical reasons for choosing this structure:
- They hold assets in several countries and want one trustee keeping one set of records.
- They want a trust under a statute written for the purpose.
- They are planning succession and want the trustee to read a written letter of wishes.
- They are comparing places and want facts with sources, not sales copy.
Every enquiry goes through our client acceptance policy, and we tell you early if we cannot take a case.
Your own lawyer confirms that a structure in Malta is suitable and lawful where you live. What you report at home is for your tax adviser.
Tax attaches to people as well as to the trust. Your country of residence decides how you are treated as settlor or beneficiary, and your tax adviser says what you must file.
What the trustee does
The trustee holds legal title and runs the trust under the deed and the default rules of Cap. 331. It keeps the accounts, holds meetings and records its resolutions.
When you ask for a distribution or a change, the trustee decides under the deed, not on your instruction alone. A trustee that signs whatever the settlor sends is a warning sign.
The trustee is named in the deed. The law page sets out the sources in Cap. 331 behind each fact.
A trust company in Malta holds office as trustee. We coordinate the papers and reporting, and the trustee decides under the deed. Our part is client onboarding, identity checks, the documents you see and the reports you receive.
The trustee takes the decisions, keeps the formal records and makes the filings that the deed and the law call for. Firms offering these services are often known as Malta trust companies.
Requests come from you, the papers are prepared by us, and the decision belongs to the trustee. A review each year is sensible, as is one whenever your family or assets change.
Which duties on the international exchange of account information apply to your trust is a point your lawyer confirms for your case.
Documents and steps to start
First we collect identity papers, proof of address, a short account of how the wealth arose and documents showing the source of funds. Beneficiary details and a first view of the deed follow.
The steps run in a fixed order:
- Enquiry, then our acceptance and identity checks, followed by the trustee’s own.
- Structure design with your lawyer, and a holding company if the assets call for one.
- Drafting by a Maltese law firm, and your review of the deed and letter of wishes.
- Signing, then the trustee accepts office.
- Funding: assets move to the trustee or to a company the trust owns.
After that the pace is set by the lawyers, the trustee and the banks. You receive a checklist and a list of open items rather than a promised date.
Cost depends on the size and shape of the structure more than on where it sits. We publish the set-up fee for a standard trust or foundation; annual administration, event-based work and third-party charges are quoted after we review your case.
The cost guide lists the factors that drive the total.
The formation steps put the papers in order and show who is responsible for each.
Facts we reviewed, with source and date
The governing statute is the Trusts and Trustees Act (Cap. 331), published on the Ministry for Justice portal and dated 2026-11-05 in the table.
Trust advisory in Malta is the work of your own advisers: your lawyer advises on the deed and your tax adviser on your tax. We coordinate the papers around the deed and the trustee’s role.
No tax outcome is promised here. Quick answers on roles, signing and reporting sit on the plain-answers page. Our page on wealth structuring and asset protection puts a trust under Cap. 331 next to other tools.
Frequently asked questions
Who can set up a trust in Malta?
In principle, any adult who owns the assets can apply. Whether the structure suits you depends on your home country, which your lawyer confirms before drafting starts. The trustee also runs its own checks, and it may decline a case that does not pass them.
How do I start in Malta?
Start with an enquiry. Then come our identity checks and the trustee's own, the structure design with your lawyer, the drafting of the deed, signing and, last, funding. The how-to page lists the papers for each step, and we reply to your first note with the ones to gather first.
Who can help me start in Malta?
You need a trustee in Malta, a law firm to draft the deed, and your own lawyer and tax adviser at home. We coordinate the checks and the papers between them, and we tell you early if we cannot take the case.
Who makes the decisions in a Malta trust?
The trustee decides under the deed, not on the settlor's instruction alone. You can set out your wishes in a letter that guides the trustee without binding it, and the deed may create a protector who consents to key decisions.
What affects the cost of the structure?
Mostly the size and shape of the structure: parties, assets, drafting and the trustee's yearly work. Our costs page shows the set-up fee for a standard trust or foundation. Yearly administration, event work and outside charges are priced after we have looked at your case. A quote follows written terms.
Sources
- Malta Ministry for Justice: Trusts and Trustees Act (Cap. 331), read 2026-11-05.