summarise in point form:
Here the law is relatively clear: trusts of immovables will be governed by the lex situs of the immovables. This rule is simply the result of the general dominance of the lex situs in matters touching immovables, and it admits of one possible exception: where a
trust is created in immovables in an antenuptial contract, the law of the husband’s domicile will govern that trust since that law governs the entire matrimonial property regime. This rule, ordaining the predominance of the lex situs, it appears, is widely cast and includes not only the validity of the trust but also its construction and administration. The width of the rule, however, has not escaped criticism. After all, where the trust property consists of movables and immovables or immovables situated in a number of different countries, surely it would be more convenient that all the property be administered under the same law? It may be, therefore, in appropriate cases that our courts will develop further exceptions to this rule. Especially where the trust property is situated in several places, there is scope for the development of a ‘proper law of the trust’— probably that of the locus of administration—which will govern the administration of the trust. The validity of the trust, however, will always have to be governed by the lex situs.
- Trusts of immovables are governed by the lex situs of the immovables
- Exception for trusts created in antenuptial contracts, governed by husband's domicile law
- Rule includes validity, construction, and administration of the trust
- Criticism of rule's width, potential for further exceptions in appropriate cases
- Scope for development of a 'proper law of the trust' in cases with property in several places
- Validity of trust always governed by lex situs