15. A person may create

(a) an inter vivos trust if the trust property is moveable and the person has the capacity to create a trust of movable property under the law of Barbados;

(b) a testamentary trust, if the trust property is moveable and the person has the capacity to create a trust of movable property under the law of his domicile;

(c) a trust of immovable property if he has the capacity to create a trust of immovable property under the law of the jurisdiction in which the immovable property is situate
.
16. Any question arising with regard to

(a) a trust that is governed by the law of Barbados, or

(b) any disposition of property upon the trusts thereof,

is to be determined according to the law of Barbados without reference to the law of any other jurisdiction with which the trust or disposition may be connected.

17.(1) Section 16

(a) does not validate any disposition of property that is

(i) not owned by the settlor,

(ii) not the subject of a power in that behalf vested in the settlor;

(b) takes effect subject to any express contrary term of the trust or disposition;

(c) does not, with regard to the capacity of a corporation, affect the recognition of the law of its place of incorporation;

(d) does not affect the recognition of foreign laws prescribing generally, without reference to the existence or terms of the trust, the formalities for the disposition of property;

(e) does not validate any trust or disposition of immovable property situate in a jurisdiction, other than Barbados, that is invalid under the law of that jurisdiction;

(f) does not validate any testamentary trust or disposition that is invalid under the law of the testator's domicile.

(2) The recognition of any foreign law in determining whether the settlor is the owner of property referred to in this Part or the holder of a power so referred to before the time of disposition or at the time of disposition is not affected by this Part.

Varying or setting aside trust

18. Where a trust is validly created under the law of Barbados the court shall not vary it or set it aside pursuant to the law of another jurisdiction in respect of

(a) the personal and proprietary effects of marriage;

(b) succession rights, testate and intestate, especially the legal right of surviving spouses and the shares of relatives;

(c) the protection of creditors in matters of bankruptcy,
unless there are corresponding laws in Barbados.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances