Singapore legislation
Section 90
Section 90
Validity of certain trusts
(1)
Subject to subsection (3), where a person creates a trust or transfers movable property to be held on an existing trust during the person’s lifetime, the person is deemed to have the capacity to so create the trust or transfer the property if the person has capacity to do so under any of the following laws:
the law applicable in Singapore;
the law of the person’s domicile or nationality; or
the proper law of the transfer.
(2)
No rule relating to inheritance or succession affects the validity of a trust or the transfer of any property to be held on trust if the person creating the trust or transferring the property had the capacity to do so under subsection (1).
(3)
Subsection (1) —
does not apply if, at the time of the creation of the trust or the transfer of the property to be held on trust, the person creating the trust or transferring the property is a citizen of Singapore or is domiciled in Singapore; and
applies in relation to a trust only if the trust is expressed to be governed by Singapore law and the trustees are resident in Singapore.
(4)
In subsection (1), the reference to “law” does not include any choice of law rules forming part of that law.
(5)
No trust or settlement of any property on trust is invalid by reason only of the person creating the trust or making the settlement reserving to the person all or any powers of investment or asset management functions under the trust or settlement.