Paraphrase 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 law of the location of the immovables.
- An exception is made for trusts created in antenuptial contracts, which are governed by the husband's domicile law.
- The dominance of the lex situs includes validity, construction, and administration of the trust.
- Criticisms have been raised about administering property under different laws.
- Courts may develop exceptions to the rule, especially for trusts with property in multiple locations.
- A "proper law of the trust" could be developed to govern the trust administration, likely based on the location of administration.
- The validity of the trust will always be governed by the lex situs.