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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
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BVI Anti-Forced Heirship Rules
Section
83 of the Trustee Act
In
1993 the BVI introduced legislation which was intended to deal with various issues which were expressly
excluded from the Hague Trusts Convention, article 4 of which stated that the Convention “does not apply
to preliminary issues relating to the validity of wills or other acts by virtue of which assets are
transferred to a trustee”.
Section 83 of the Trustee Act (which also
included the Territory’s anti-forced heirship provisions which are referred to below, and which was
based on wording contained in a Jersey statute) was designed to plug this gap in the Convention by providing
that “if a person transfers or disposes of personal property to a trustee of a trust he shall be deemed
to have capacity to do so if he is at the time of such transfer or disposition of full age and sound
mind under the law of his domicile”.
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