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Malta trust questions, answered
Plain answers to common Malta trust questions: the roles, the set-up, running it and reporting. If your question is missing, ask us and we will reply with what we can do and what is left for a lawyer to check. Each answer points to the page with the detail.
Reviewed by a senior trust administrator, updated
Top questions
Jump to an answer below.
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]
Numbers in brackets point to the Sources list at the end of this page.
Basics
A trust in Malta works like a trust elsewhere: a settlor transfers assets and a trustee holds them for others. Beneficiaries may benefit under the deed.
What sets this place apart is the statute the trust sits under. The rules are in the Trusts and Trustees Act, and the law page sets out their sources.
How does a Malta trust work in practice?
The deed sets the rules, and the trustee decides under it once the settlor has transferred assets. Beneficiaries benefit as the deed says. The Act (Cap. 331) supplies default rules that the deed can adjust. Where the deed is silent on a point, the trustee follows those defaults.
What are the benefits of a trust in Malta?
People cite one trustee for assets in several countries, a legal system that draws on English law as well as civil law, and written succession wishes. These are reasons to look, not results. Whether they apply to you depends on your home country and your aims.
What does a trustee do in Malta?
Legal title to the assets sits with the trustee, who runs the trust under the deed: it keeps accounts and records, holds meetings, passes resolutions and decides on distributions. Who may hold office as trustee comes from the Act, and the deed names the one you choose.
How is this trust different from a will?
A will only takes effect on death, whereas a trust can begin while you are alive, and the trustee holds the assets from the day they are transferred. A trust is no substitute for a will, and your lawyer advises which assets suit each.
Who is involved in the structure?
The settlor sets up the trust and transfers assets to the trustee, who holds them. Beneficiaries may receive distributions, and where the deed creates a protector, that person can consent to key decisions. A law firm drafts the deed and your own lawyer reviews it.
Setting up
Set-up under Cap. 331 follows one order of steps for every client, and the papers set the pace. You pass the identity and source-of-funds checks, agree the structure with your lawyer, approve the deed and sign it.
Assets move only after the trustee has accepted office. Proof of where the money came from usually takes longest, and papers in Maltese may need translating. The formation guide lists the papers in the order the trustee asks for them.
Who signs the deed, and in what order?
The settlor signs, and the trustee signs to accept office. Nothing moves to funding until the trustee has accepted office, and the order of signing is put in writing before drafting ends. A written order means the settlor, the trustee and the law firm all work from the same sequence on the day.
In which language is the deed written?
Cap. 331 is published in English on the Ministry for Justice portal, and the language of a deed is agreed between the parties and the law firm that drafts it. Papers in Maltese sent to a bank may need a certified translation.
Do I need to visit Malta to open a trust?
Whether anyone must attend in person depends on the document, because signing and witnessing rules can differ. We agree the signing method with the trustee and your lawyer, and we explain in plain words what each person has to do and where. Raise any travel limits in your first message so the method fits them.
Can a holding company sit under the trust?
Yes, many do. The trustee holds the shares and daily dealings run through the company, which adds formation and yearly charges. Your lawyer advises whether it suits your assets and where to form it; the company's law governs its formation and the deed decides who controls it.
Running the trust
After funding, the trustee runs the trust under the deed and the default rules of Cap. 331. We prepare the papers for each request, and the trustee takes the decision.
The structure holds up when the deed is followed in practice and each decision is recorded. A settlor who spends trust money as personal money puts the structure at risk.
The yearly charges of a trust under Cap. 331 are explained line by line in the cost guide. 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.
Can I be a beneficiary of my own trust?
That depends on the deed, on the Act, and on how your home country treats it. Keeping benefits and control can change the legal and tax result, so your lawyer and tax adviser confirm it before you sign. Raise it before signing, not after funding.
Can I change the beneficiaries later?
Only if the deed gives someone that power, such as the settlor, a protector or the trustee, and the deed also says how a change is made. We prepare the papers and the trustee decides; the change is put in writing and filed with the trust records.
Does the trustee have to follow my letter of wishes?
No. A letter of wishes is a private note telling the trustee how you would like it to use its discretion, for example for education or a family business. The trustee reads it but is not bound, so keep it up to date.
How often is the trust reviewed?
We suggest a yearly review, and another whenever your family or assets change: a birth, a marriage, a move abroad or the sale of a business. At each review the trustee confirms which assets it holds and checks the deed is followed.
Reporting and tax
Where you live decides how you are taxed, so your tax adviser at home answers that part. Under Cap. 331, the trustee keeps the records and makes the filings that apply to it.
At the outset a bank will normally want self-certification forms for the trust and for any company the trust owns.
Does a Malta trust report under CRS?
Reporting to tax authorities depends on where the trustee, the bank and any company the trust owns are located, and where you and the beneficiaries are resident; your tax adviser confirms the position for your case. The bank or trustee the rules cover collects the self-certification forms and makes the report, and we ask for those forms at the start so deadlines can be planned.
Does my residency change the reporting?
Yes. Your home country decides how you are treated as settlor or beneficiary and what you must file there. Say in your first message where you live and pay tax, and we send your adviser the actual drafts to review before you sign.
Who do I ask about my own tax on a trust?
Your tax adviser at home. We give no tax advice and promise no tax outcome. The adviser receives the same drafts as you, so the advice rests on real documents, and also tells you what to file at home each year.
Getting help
Describe in plain words what you plan to move and where you live. Our reply sets out what we can do and what is left for your own advisers to check.
Read the overview first if you want the whole picture.
What should I send in a first message?
Four details help most: where you live and pay tax, what you expect to transfer, whether a company already holds those assets, and who should benefit. A short note works, and we reply with the papers to collect. Mention travel limits and your preferred document language too.
What should I tell my own lawyer first?
Bring your plan in everyday words: what you hold, where it is, who should benefit, and where you live and pay tax. Your lawyer tests it against your home law, and then we agree who prepares which paper and in what order.
Sources
- Malta Ministry for Justice: Trusts and Trustees Act (Cap. 331), read 2026-11-05.