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Switzerland trust law and key features
Switzerland trust law has no trust statute of its own: a trust there is made under foreign law and recognised under the Hague Convention on trusts. This page covers the governing law, trustees, features and limits, with the source and date of each point.
Reviewed by a senior trust administrator, updated
Key facts
- Trust structure
- Switzerland has no trust law of its own; a trust is set up under another place's law[1]
- Foreign law rules
- The Hague Trusts Convention entered into force for Switzerland on 1 July 2007[2]
- Reporting to authorities
- The Swiss legal basis for automatic exchange of financial account information took effect on 1 January 2017[3]
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 trust is created under the law of another place, which the deed names.
- Switzerland recognises that trust through the Hague Convention on trusts.
- The trustee works from Switzerland and follows the deed and the governing law.
- A local partner based in Switzerland takes a defined role.
- Counsel for the governing law and Swiss counsel confirm the structure before drafting.
The governing law
Switzerland has no trust law of its own (source: Fedlex, Swiss federal law). A trust used in Switzerland is created under the law of another place, which the deed names.
The Hague Trusts Convention is the bridge. It entered into force for Switzerland on 1 July 2007 (source: HCCH, Trusts Convention status table). Under it, Switzerland recognises a trust made under the law of a state that has trust law.
This page cites no article of the Swiss statute that applies the Convention. Your lawyer confirms the articles before a deed is drafted.
The law that decides the trust’s validity, duration and powers is therefore the law of the place you choose, such as Jersey. The overview of Swiss trusts puts the structure in context.
Who may act as trustee
The deed names the trustee, which can be an individual or a company. A professional trustee is a business that acts as trustee for clients and keeps the records that the deed and the law require.
A local partner handles the work that has to be done in Switzerland, and your engagement letter sets out its role.
A family can also use a private trust company to act as trustee of its own trusts. Your lawyer confirms how the governing law applies to a private trust company.
Individual or professional is the choice to make first. Consider who steps in if the person dies or moves away, where the records are kept, and how much time the role takes.
Features the law allows
Swiss law does not set the features of the trust, because the governing law does. Families usually ask about five.
- How long a trust may last. This follows the governing law of the trust. If you choose a place that allows a long or unlimited duration, that law decides.
- Reserved powers. Whether a settlor may keep powers, such as directing investments, follows the governing law and the wording of the deed.
- Purpose trusts. The governing law decides whether a purpose trust is available, so families who want one choose a place whose law allows it.
- Protectors and letters of wishes. These come from the deed, within the governing law.
- A trustee near the bank. This is the Swiss element: the trustee works from Switzerland.
Treat each feature as a tool rather than a promise. Whether it helps your family depends on where you live, what you own and the law of the places where those assets sit.
Limits and requirements
The governing law also sets limits, and they are there for the beneficiaries as much as for the settlor.
A Swiss-based trustee must still follow the deed and act in the interests of the beneficiaries. A court in Switzerland may also look at how a foreign-law trust is used there, and Swiss counsel advises on that.
Identity checks come first: we verify the settlor, any protector and the other people connected with the trust before we accept it, and we keep records of that work.
Reporting is a further duty. Switzerland applies automatic exchange of financial account information, and the tax and reporting guide explains what the trustee collects.
The Swiss rules for private trust companies depend on how the company is set up; your lawyer confirms them for your case.
In the set-up guide, the structure design stage is where your own deed usually gets checked.
Sources and review dates
Sources and review dates are listed below. The Hague Convention status comes from the official table of the Hague Conference.
Your lawyer confirms how these points apply to your deed. Nothing on this page is legal advice.
To see what a structure like this costs and who charges for it, read the Switzerland cost guide.
Practical points are covered on the common questions page. When you are ready, request a quote for Switzerland.
Frequently asked questions
Which law governs a trust in Switzerland?
Switzerland has no trust law of its own, so the deed names the law of another place, such as Jersey. That law governs the trust. Switzerland recognises the trust through the Hague Trusts Convention. Your lawyer confirms how the Convention applies to your deed.
Can a company be the trustee of a trust administered in Switzerland?
Yes, the deed may name a person or a company. A company trustee gives continuity when an individual dies or moves away, and keeps the trust's records in one place. We work with a local partner for tasks done in Switzerland, and the engagement letter sets out its role.
Can a trust in Switzerland have a protector?
A deed can name a protector to consent to key decisions, such as adding beneficiaries. The role comes from the deed and the governing law rather than from Swiss statute. Your lawyer confirms how the governing law applies to your deed, including what powers a protector can hold.
Sources
- Fedlex: Swiss federal law, read 2026-11-05.
- HCCH: Trusts Convention status table, read 2026-11-05.
- State Secretariat for International Finance: Automatic exchange of information, read 2026-11-05.