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BVI Anti-Forced Heirship Rules
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Forced Heirship
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Section 83 of the Trustee Act
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Overhaul of section 83
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The new section 83
Contact Person
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BVI Anti-Forced Heirship Rules
Background:
the need for conflict of laws rules
Since
trusts governed by the laws of the BVI usually have significant legal links with the laws of one or
more other jurisdictions, it is essential for the BVI to have adequate rules for resolving “choice of
law” questions relating to trusts.
Although the majority of the provisions
of the English Recognition of Trusts Act 1987 (incorporating as it does most of the provisions of the
Hague Trusts Convention) have been extended to the Territory, so ensuring a certain amount of certainty
in relation to many of the relevant conflict of law rules relating to trusts, specified matters are
expressly excluded from that Act, meaning that it is vital for these rules to be reinforced by additional
statutory provisions.
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