Hong Kong
Singapore
BVI
Jersey
Setting up a trust in Malta: steps and documents
You pass identity and source-of-funds checks first when setting up a trust in Malta, then agree the structure and deed with your lawyer, and sign; the trustee then accepts office, and assets move last. Evidence of where the money came from is usually the slowest part, so start gathering it now.
Reviewed by a senior trust administrator, updated
Six stages, who does what
Select a stage to read what slows or speeds it.
- Enquiry and quoteYou
- Client acceptance and identity checksOne Pacific Trust
- Structure designYou
- DraftingLaw firm, bank, adviser or trustee
- Signing and acceptanceYou
- FundingYou
YouOne Pacific TrustLaw firm, bank, adviser or trustee
Legal basis: Governing law[1]
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.
How the process runs
Enquiry and quote
You tell us your aims and we send a quote and a list of papers to gather.
Client acceptance and identity checks
We run client acceptance and identity checks first, then the trustee runs its own, and you get acceptance or an early no.
Structure design
You, your lawyer and we agree a diagram, a list of roles and whether a holding company sits under the trust.
Drafting
A Maltese law firm drafts the deed, and you review it and your letter of wishes with your own lawyer.
Signing and acceptance
You and the trustee sign the deed, and the trustee accepts office.
Funding
You, the trustee and the bank move assets to be held by the trustee or by a company the trust owns.
Before you start: what you decide
Before opening a trust under Cap. 331, decide five things with your lawyer. A direction on each point is enough on day one; final answers can wait.
- Who benefits. The deed can name them or describe them as a class, such as your children and their descendants.
- What goes in. Cash, listed securities, private-company shares and property held through a company each need their own papers.
- Holding company, or none. If a company sits under the trust, the trustee holds its shares and daily dealings run through the company.
- Who holds which role. Besides the trustee, the deed can create a protector and name who may advise on investments.
- What you keep. Your lawyer explains how much control you can keep without weakening the trust.
We turn the answers into a short brief for the lawyer and the trustee, which saves drafting rounds.
The law page sets out the rules of Cap. 331 behind each point, with sources.
Step by step: from enquiry to signed deed
Signing waits for your lawyer’s review of the deed, and funding waits for the trustee’s acceptance of office.
Basis: our service process, 2026-11-05. The governing statute is the Trusts and Trustees Act (Cap. 331), accessed 2026-11-05 on the Ministry for Justice portal.
The trustee is a firm or individual in Malta that your lawyer confirms is eligible under the Trusts and Trustees Act.
A Maltese law firm drafts the deed, and your own lawyer reviews it. We keep both sides working from the same checklist.
Once the trust runs, the overview shows who does what.
Documents the trustee asks for
The trustee does not accept office until it holds a complete file on you and everyone with a role. We aim to collect it once, so you are not asked twice.
The settlor sends:
- A certified passport copy, in the form the trustee directs.
- A recent proof of address, issued within the last few months.
- Your tax identification number and your country of tax residence.
- A short account of how your wealth arose, with papers to back it.
Each beneficiary, protector and company director provides identity papers, an address and a note of their role under the deed.
Send statements, share registers or sale contracts for the assets. If property is involved, title deeds and valuations show what moves and that you have the right to move it.
Expect self-certification forms for tax reporting on the trust and on any company it owns. Documents in another language may need a translation into English.
Identity and source-of-funds checks
Most delays arise in these checks, since every transfer needs supporting evidence.
We examine every transfer you plan and ask where the money came from. Savings are shown by payslips and tax returns, a sold business by the sale agreement, and a company you still own by its accounts.
Larger or more complex transfers prompt more questions under our risk policy. When something cannot be evidenced, we tell you early, before drafting begins.
The trustee carries out its own checks as well. Where its questions repeat ours, we answer from the file you have already given, so you do not repeat yourself.
After the trust is set up
After signing comes funding. Assets pass into the trustee’s name or into a company the trust owns, and each transfer is recorded.
Once the trust is live, the trustee holds meetings and passes resolutions on distributions, investments and beneficiary changes. You send requests, we prepare the papers, and the trustee decides under the deed.
The trustee keeps the accounts current each year, and we send you a report. Which filings under Cap. 331 apply to your structure is a point your lawyer confirms for your case.
Next, see the cost drivers of running the structure. Anything this guide skips is covered in the short answers.
Frequently asked questions
How do you set up a trust in Malta?
You pass identity and source-of-funds checks, then agree the structure with your lawyer. A Maltese law firm drafts the deed, and you and the trustee sign it. The trustee accepts office before any asset moves. The steps below show who does what at each stage.
How long does set-up take in Malta?
The pace depends on how quickly your identity and source-of-wealth papers arrive and how fast the lawyers, trustee and bank answer. We hand you a checklist and an open-items list instead of a promised date, since one missing bank letter can stall every later step.
Which documents do I need for a trust in Malta?
A certified passport copy, proof of address, your tax identification number, a short history of your wealth with supporting papers, and statements for the assets you plan to transfer. Beneficiaries and protectors give identity papers and an address too. Papers in Maltese may need a translation into English.
Sources
- Malta Ministry for Justice: Trusts and Trustees Act (Cap. 331), read 2026-11-05.