Liechtenstein Trust | Assets | Trust Property | International Trust Law

The trust assets (also known as trust property or trust fund) include all assets (property and rights) that are designated for this purpose by the settlor or by law, including growth and replacement items.

Expertise

List of assets

The trust deed may contain the provision that an inventory of the assets must be kept. However, the inclusion of the assets in an inventory is not considered proof of ownership.

Our advice: As settlor, stipulate that an annually updated inventory list must be drawn up. There is thus a legal presumption that the assets listed there are trust assets.

Investment and utilisation of the trust assets are generally determined by the settlor in the trust deed. Statutory provisions are subsidiary.

Transfer of property and rights

Real property and other rights to be registered should be registered in the name of the trustee or a third party in a land register or other register as specified in the trust deed.

If a company is the object of the trust, the trustee becomes the owner of the company or – in the case of an AG or GmbH – a shareholder or partner.

Our advice: If an entry in the land register or register is not possible under foreign law, have a priority notice or annotation or an expectant right entered with the explicit designation of the assets as trust assets. This will prevent third parties from acquiring the property in good faith.

The assets of the trust constitute separate special assets and are not part of the trustee’s personal assets.

The rights in relation to the assets of the trust are in the name of the trustee or in the name of another person representing the trustee.

The trustee may sue or be sued in his capacity as trustee. The trust assets as such are bankrupt.

Practical tip: In practice, the qualification of the trust assets as special assets separate from the trustee has the consequence that

– the personal creditors of the trustee cannot have access to the assets of the trust

– the assets of the trust are not part of the assets of the trustee in the event of the trustee’s insolvency or bankruptcy

– the assets of the trust are neither part of the matrimonial property nor part of the estate of the trustee.

As a legally independent asset without its own legal personality, the Liechtenstein Trust is therefore particularly suitable for asset protection.

International trust law

The trust is subject to the law specified in the trust deed.

If no express choice of law has been made, the law of the country in which the trustee or the majority of the trustees have their habitual residence or registered office shall apply.

The law of the country in which the trust is effectively administered applies on a subsidiary basis.

In principle, Liechtenstein also permits the establishment of trusts under foreign law and their transfer to Liechtenstein.

Do you have questions about trust assets and their transfer or about international aspects? Please contact us for a non-binding enquiry by telephone or e-mail or use the contact form at the bottom of this page. An initial consultation with one of our advisors is free of charge.

    Contact form for mandate inquiries

    Write us a message, we will be happy to call you back.







    I agree that my telephone number and private data may be used to contact me. For further information please refer to the Privacy policy.