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Nevis asset protection trust: key features and rules
A Nevis asset protection trust is a trust under Nevis law, Cap. 07.03(N). The official summary describes a register entry, a local trustee, unlimited duration and rules on foreign judgments and creditor claims. Your lawyer reads the ordinance itself before you sign.
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
- No rule against perpetuities; unlimited duration unless the deed says otherwise[1]
- Asset protection rule
- A creditor's sole remedy is a claim of fraudulent transfer[1]
- Trustee requirement
- A Nevis corporation or a trust company doing business in Nevis[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 |
- One trustee is a Nevis corporation or a trust company doing business in Nevis.
- A protector is a role the deed may create, often with power to approve key trustee decisions.
- Settlor and beneficiaries must at all times be non-residents of Nevis.
- A creditor's sole remedy is a claim of fraudulent transfer, and the deed sets how disputes are handled.
The governing law
The core of the regime is the Nevis International Exempt Trust Ordinance, Cap. 07.03(N) (source: Nevis FSRC: Trusts).
A structure under it is often called an offshore trust, because the trustee and the governing law sit outside your home country.
The Nevis FSRC publishes a summary of the ordinance on its trusts page (source: Nevis FSRC: Trusts), with links to the ordinance and to later orders. The summary page was accessed on 5 November 2026.
Every point below comes from the official summary.
Your lawyer confirms how it applies to your deed.
Ask your Nevis lawyer three things before drafting starts. Which provisions does the deed rely on? How are your home courts likely to treat the structure?
The answers go into a short written note, which we pass to your tax adviser as well.
Who may act as trustee
One trustee must be a Nevis corporation or a trust company doing business in Nevis. A private individual is therefore not the starting point under the summary.
The trustee is usually a trust company. A trust company in Nevis holds office as trustee, and we coordinate the papers and reporting around it.
You can choose other people for other roles. A protector, an investment adviser you appoint, or a co-trustee outside Nevis may be possible, subject to the deed and to advice from a Nevis law firm.
Features the law allows
The points below are drafting choices your lawyer may consider. Each one is a tool, not a result we promise.
| Feature | What the official summary describes |
|---|---|
| Register entry | The trust is entered on the register of international trusts through a registered agent |
| Duration | The rule against perpetuities does not apply; unlimited duration unless the deed says otherwise |
| Foreign judgments | A foreign judgment against the trust is not enforceable in Nevis |
| Creditor claims | A creditor’s sole remedy is a claim of fraudulent transfer |
| Residence | Settlor and beneficiaries must at all times be non-residents of Nevis |
Source: Nevis FSRC: Trusts, accessed 5 November 2026.
The detail inside each rule is what most commentary focuses on. It is also the part your lawyer reads closely.
The facts of your case matter more than the headline rule.
Our page on wealth structuring and asset protection explains how we approach planning against claims in general.
Limits and requirements
The protective features come with conditions, and a structure that ignores them can fail. The main ones your lawyer will raise are these.
- Residence. Settlor and beneficiaries must be non-residents of Nevis. A move home can change the position, so tell your lawyer about any plan to relocate.
- Registration. The trust is entered on the register through a registered agent. Your lawyer confirms how the yearly filings apply to your deed.
- Timing of transfers. How the timing of a transfer relates to an existing or expected claim is a point your lawyer examines. Your lawyer reviews timing before anything moves.
- Your home courts. A court at home may treat you as still owning assets you control, whatever the Nevis rules say.
- Records and conduct. The trustee must act under the deed in practice, with real meetings and resolutions.
We never describe these trusts as making assets untouchable. The structure gives your lawyer a set of rules to work with, and outcomes depend on facts and on courts we do not control.
The formation steps and documents show where these checks happen during set-up.
Sources and review dates
Every statutory point on this page comes from the Nevis FSRC trusts page, accessed on 5 November 2026.
Every fact on this page carries its source and date.
How the register is searched and the exact reporting duties are points to confirm with your lawyer before you sign.
Practical questions about running the trust are covered in our plain answers to common questions. For what each part costs, see the breakdown of set-up and yearly charges. The Nevis guide shows how the pieces fit together.
Frequently asked questions
Which law governs a trust in Nevis?
The Nevis ordinance, Cap. 07.03(N), governs trusts of this kind. The deed names its governing law, which should agree with the ordinance. Your lawyer confirms how it applies to your deed. We coordinate the papers and reporting, and the trustee decides under the deed.
Who may act as trustee in Nevis?
The official summary asks for a trustee that is either a Nevis-incorporated company or a trust company carrying on business on the island. A private individual abroad is not the starting point. A trust company in Nevis holds office as trustee, and we name it in writing before you sign.
Can a trust in Nevis have a protector?
Yes, a deed may be drafted with a protector, the person who holds named powers over the trustee, and a Nevis lawyer confirms what powers the Ordinance lets it hold. Wide powers kept by the settlor could cut against the creditor protection, so take advice before naming anyone.
Sources
- Nevis FSRC: Trusts, read 2026-11-05.