Service Overview
Mauritius offers a well-established legal framework for the creation and administration of trusts under the Trusts Act 2001. Trusts are highly effective vehicles for asset protection, estate planning, and succession management. Trusts in Mauritius can be set up for private or charitable purposes and can be revocable or irrevocable.
Types of Trusts
- Discretionary Trusts: Trustees have discretion over distributions to beneficiaries
- Fixed Interest Trusts: Beneficiaries have fixed rights to trust income or capital
- Protective Trusts: Designed to protect assets from creditors and other claims
- Purpose Trusts: Established for specific purposes rather than individual beneficiaries
- Revocable and Irrevocable Trusts: Depending on whether the settlor can revoke the trust
Key Features
- Duration: Trusts can exist for up to 99 years, with potential extensions
- Confidentiality: Trusts are private arrangements, not generally subject to public registration
- Tax Treatment: Trusts are generally tax-neutral if they do not generate Mauritius-sourced income
- Trustees: Must be licensed or regulated entities or approved individuals, ensuring professional governance
- Asset Protection: Shields assets from creditors, legal claims, and political risks
- Estate and Succession Planning: Facilitates smooth transfer of wealth across generations with minimal probate issues
How Helm can assist
We serve as licensed trustees, assist with trust formation and deed drafting, and provide full fiduciary administration and compliance services.
Requirements
- Trust Deed: Must have a properly drafted trust deed
- Licensed Trustees: Must be licensed or regulated entities or approved individuals
- Compliance: Must comply with the Trusts Act 2001
- Confidentiality: Must maintain confidentiality as required by law
- Tax Compliance: Must comply with tax obligations if generating Mauritius-sourced income
- Duration Limits: Must comply with 99-year duration limit unless extended
