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Trusts and Trustees Act Malta: key features and rules
The Trusts and Trustees Act, Malta (Cap. 331) is the law behind a Malta trust. Below are the governing law, who may act as trustee, and the features and limits, each with its source; take them to your lawyer before drafting.
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
- Trust structure
- Trust under Cap. 331; the deed names the trustee and the beneficiaries[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 Act supplies default rules for the trustee, the beneficiaries and the deed.
- The deed fills the gaps the Act leaves, so its wording decides much of daily practice.
- The trustee holds legal title and decides under the deed.
- A protector or investment manager exists only if the deed creates the role.
The governing law
The Ministry for Justice publishes the statute as a single text, Chapter 331. A Malta trust is governed by it.
Your lawyer confirms how it applies to your deed.
It sits on top of the general law of Malta. The deed fills the gaps, and a deed that says nothing on a point leaves the trustee to follow the default.
So the wording of the deed decides much of daily practice under Cap. 331. A lawyer drafts or reviews it before any asset moves.
The overview of the structure shows how Cap. 331 fits with the other pages.
Who may act as trustee
The trustee can be an individual or a company, as the deed provides. A professional trustee is a business that acts for clients and keeps the records that the deed and Cap. 331 require.
The trustee is named in the deed.
Think through what follows if an individual trustee dies or relocates, how the records are kept and how much time the role takes.
Our part is onboarding, identity checks and the reports you see. The trustee’s part is the decisions and the formal records.
Features the law allows
Families comparing places ask about several features of a trust under Cap. 331. Each one is a tool and promises no result.
- Discretionary or fixed shares. The deed can leave distributions to the trustee’s discretion or fix each beneficiary’s share. Your lawyer advises which suits your aims.
- Beneficiary classes. A class gift, such as children and later descendants, means a new birth does not need a new deed.
- Letter of wishes. You can say in a letter how you would like the trustee to use its discretion. The trustee reads it but is not bound by it.
- Protector and adviser roles. Under Art. 14A of Cap. 331, the settlor may reserve the power to appoint a protector. The deed also sets their powers and how they are replaced.
- Duration. Under Art. 12 of Cap. 331, a Maltese trust may run for up to 125 years.
- Reserved powers. How far a settlor can keep powers without weakening the trust depends on the Act and the deed; your lawyer confirms this first.
A feature suits your family only in light of where you live, what you own and where the assets are held.
Limits and requirements
Limits apply as well, and they serve the beneficiaries as much as the settlor. The Act sets requirements for the deed and for the trustee, and a structure that misses them can fail.
We verify the settlor, any protector and the other connected people before taking a case on, and we keep a record of that work.
Which duties on the international exchange of account information apply to a Malta trust is a point your lawyer confirms for your case.
How a court at home treats a Malta trust, and how the timing of a transfer relates to a claim, are questions for your own lawyer.
This page leaves out state charges and the trustee’s yearly fees; the cost guide shows who charges for each line.
Reading the law with a lawyer
Use this page as a checklist for your lawyer, not as advice. Ask which parts of Cap. 331 apply to your deed, which the deed may change and which it may not.
Ask also how a court where you live has treated structures like yours. That answer sits outside Cap. 331, and it often decides whether the structure is worth its cost.
Take the draft deed, the asset list and your letter of wishes along to a single meeting.
If the answers differ between your lawyer in Malta and your lawyer at home, say so early. We prefer to hold the drafting until both agree than redraft after signing.
Sources and review dates
Each fact above carries its source and the date of that source, 2026-11-05.
The Act on the Ministry’s portal is the source of all four facts. Your lawyer confirms how it applies to your deed.
We review these facts when Cap. 331 or the official pages change. Practical points sit on the common questions page, and the formation guide shows when each rule applies.
Frequently asked questions
Which law governs a trust in Malta?
A Malta trust is governed by the Trusts and Trustees Act, which is Chapter 331 of the laws of Malta, together with the general law that applies in Malta. The deed names its governing law and fills the gaps. Your lawyer confirms how it applies to your deed.
Who may act as trustee in Malta?
The deed names the trustee, who may be one person or a company. A professional trustee is a business that acts for clients, keeps the records and takes the decisions the deed gives it. Name a successor as well, so the trust carries on if the first trustee leaves office.
Can a trust in Malta have a protector?
The deed must create the role and define its powers before there is a protector, for instance a right to consent to key trustee decisions. It also says how a protector is replaced, and your lawyer advises who should hold the role and which powers are workable.
Sources
- Malta Ministry for Justice: Trusts and Trustees Act (Cap. 331), read 2026-11-05.