資産保護は信託を設立する主要な動機の一つであり、毛里求斯は信託資産を外部の申立てから保護するために特別に設計された充実した法的枠組みを提供しています。信託法2001は、毛里求斯信託に適切に保有される資産に対して、債権者、元配偶者、または外国管轄の申立者が到達することを困難にする保護規定を組み込んでいます。
Asset protection features of a Mauritius trust
Creditor protection
Once assets are properly settled into a Mauritius trust, they cease to be personal assets of the settlor. Creditors of the settlor cannot generally reach the trust assets — provided the trust was not established with the intent to defraud existing creditors. Mauritius law contains a statutory limitation period beyond which past creditor claims are extinguished.
Forced heirship protection
The Trusts Act 2001 expressly provides that the validity of a trust and the transfer of property to a trust shall not be affected by any foreign forced heirship rule. This makes Mauritius trusts a powerful tool for settlors from civil law jurisdictions who wish to depart from mandatory inheritance rules.
Spendthrift provisions
A Mauritius trust can include spendthrift provisions that prevent a beneficiary from assigning or charging their interest in the trust, and that protect a beneficiary's interest from being reached by the beneficiary's own creditors. This is particularly useful where a beneficiary has business or personal liability risks.
Discretionary structure
Because a discretionary trust gives no fixed entitlement to any beneficiary, it is generally more difficult for a creditor of a beneficiary to establish what (if anything) the beneficiary will receive from the trust. This uncertainty provides a structural layer of protection against beneficiary creditors.
Political and jurisdictional risk mitigation
Holding assets in a Mauritius trust, with a Mauritius-based licensed trustee, removes those assets from the direct reach of authorities in the settlor's home jurisdiction — including risks of expropriation, currency controls or sudden legislative change.
Protector oversight
Appointing a protector — an independent individual with the power to oversee the trustee and, where necessary, replace them — provides an additional layer of governance that strengthens the trust against challenges based on the lack of genuine independence.
Setting up an asset protection trust
Risk assessment
We identify the specific risks to be addressed — existing or potential creditors, forced heirship exposure, jurisdictional risks — and confirm that a trust structure is the appropriate solution.
Timing analysis
Asset protection trusts must be established proactively — before a claim arises. We review the timing of the intended settlement against any known or anticipated claims to confirm that the transfer is not vulnerable to challenge as a fraudulent disposition.
Deed drafting
The trust deed is drafted with specific protective provisions — discretionary distribution powers, spendthrift clauses, proper exclusion of creditor rights — and the trustee's powers are carefully delineated.
Asset transfer
Assets are settled into the trust. The trustee takes legal title. The timing and method of each asset transfer is documented carefully to establish the legitimacy of the settlement.
Ongoing governance
The trustee exercises genuine independent governance. The trust is administered as a real, active structure — not merely as a paper arrangement — to withstand any future scrutiny.
Key considerations and requirements
- Confirmation that no current or anticipated claims exist against the settlor that would render the transfer fraudulent
- Legal advice in the settlor's home jurisdiction on the enforceability of the intended protections
- Full KYC for settlor, beneficiaries and all connected parties
- Schedule of assets to be settled and their current jurisdiction
- Assessment of any existing financing arrangements that may be affected by the transfer
- Selection of a genuinely independent protector where enhanced protection is sought
Indicative costs
| Item | Indicative range |
|---|---|
| Trust deed drafting (asset protection provisions) | USD 4,000 – 9,000 |
| Legal review (home jurisdiction) | Variable — local counsel fees |
| Trust setup and KYC | USD 1,500 – 3,000 |
| Annual trustee and administration fee | USD 6,000 – 20,000+ |