Hong Kong
Singapore
BVI
Jersey
Turks and Caicos trust law and key features
Turks and Caicos trust law rests on the Trusts Ordinance 2016, a statute that replaced the earlier trust law. This page lists the rules, each with its source and date, and your lawyer confirms how they apply to your deed.
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
- Revocable and irrevocable trusts allowed; private trust companies with limits[2]
- Perpetuity period
- Trusts can be perpetual rather than time-limited[2]
- Trust structure
- Revocable and irrevocable trusts allowed; private trust companies with limits[2]
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
- states the purpose and transfers assetsTrusteeHolds the assets and manages them under the trust deed
- applies assets toTrust purposeThe stated purpose the trust serves, in place of beneficiaries
- Enforcer can enforce the purposeEnforcerCan hold the trustee to the terms of the trust
- 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 |
| Enforcer | Can hold the trustee to the terms of the trust |
| Trust purpose | The stated purpose the trust serves, in place of beneficiaries |
| Trust assets | The property held in the structure |
- A purpose trust holds assets for a stated aim rather than for named people, and needs an enforcer.
- The enforcer is a person who can ask a court to hold the trustee to the purpose.
- The trustee is usually a trust company in the islands; we coordinate the papers and reporting around it.
- These points come from a 2016 commentary by a law firm in the islands.
The governing law
The core statute is the 2016 Trusts Ordinance (source: Trusts Ordinance Chapter 16.12).
Its long title says it repeals and replaces the earlier Trusts Ordinance.
Section numbers are left out. Your lawyer confirms how each point applies to your deed.
Where this page describes a feature beyond the headline facts, it relies on a December 2016 commentary by a law firm in the islands.
Who may act as trustee
A local trust company usually acts as trustee. The trustee is named in the deed.
The 2016 commentary describes a regime in which the place of administration can be anywhere. Whether a trustee based elsewhere can act is a point your lawyer confirms before you choose a trustee.
A trust company in the islands holds office as trustee, and we are your contact as a settlor living abroad.
You can choose other people for other roles. A protector, an investment adviser or a co-trustee outside the islands may be possible, subject to the deed and to advice from a law firm in the islands.
Features the law allows
The features below point to drafting choices your lawyer may consider. Each one is a tool, not a result we promise.
| Feature | What the source says |
|---|---|
| Perpetual trusts | Trusts can be perpetual, with no fixed end date |
| Trust types | Revocable and irrevocable are both allowed |
| Private trust companies | Allowed with limits; a settlor of a trust that is not charitable must be connected to all beneficiaries |
| Purpose trusts | Allowed with an enforcer |
| Reserved powers | A settlor may keep certain listed powers |
Source: Visit TCI, Financial Services: Trusts, and Misick & Stanbrook: new Trusts Ordinance enacted (2016), dated 2026-11-05.
Our page on wealth structuring and asset protection explains how we approach planning against claims in general.
Limits and requirements
Every feature comes with conditions, and a structure that ignores them can fail. The main points your lawyer will raise are these.
- Trustee conditions. Which trustee may act, and from where, is a point your lawyer confirms for your case.
- Timing of transfers. The commentary reports a four-year period for claims to set aside a transfer on insolvency grounds. Your lawyer confirms how it applies to your deed.
- Your home courts. A court at home may treat you as still owning assets you control, whatever the island rules say.
- Reserved powers. The more you keep, the more a court at home may look through the structure.
- Records and conduct. The trustee must act under the deed in practice, with real meetings and resolutions.
We never describe a trust 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 steps and documents show where these checks happen during set-up.
Sources and review dates
The governing law comes from the Ordinance text (revised edition showing the law at 31 March 2018), dated 2026-11-06; every other point comes from the Visit TCI site or a law-firm commentary, dated 2026-11-05.
The Ordinance text covers the law at 31 March 2018. Labels on the facts above reflect the sources named.
Read the Ordinance text and the commentary yourself.
For short answers see the plain-answers page. For what each part costs, see the cost guide, and for an overview return to the main guide.
Frequently asked questions
Which law governs a trust in the Turks and Caicos?
The Trusts Ordinance 2016 governs trusts in the Turks and Caicos Islands, as the Ordinance text shows. The deed also names its governing law, which should agree with it. Your lawyer confirms how it applies to your deed. We coordinate the papers and reporting around it.
Who may act as trustee in the Turks and Caicos?
A local trust company usually acts as trustee. A 2016 commentary suggests the place of administration can be outside the islands. Your lawyer confirms where the trustee may be based before you sign. The deed names the trustee, and your lawyer explains the role.
Can a trust in the Turks and Caicos have a protector?
The deed can create a protector and set its powers, such as consenting to distributions or replacing the trustee. Your lawyer checks the Ordinance sections on the role. A protector with wide powers tied to the settlor can weaken the structure.
Sources
- The Turks and Caicos Islands: Trusts Ordinance, Chapter 16.12 (Revised Edition 2018), read 2026-11-06.
- Visit TCI, Financial Services: Trusts, read 2026-11-05.
- Misick & Stanbrook: new Trusts Ordinance enacted (2016), read 2026-11-05.