Article 9 – Governing Law

(1) If the Trust Instrument explicitly specifies the law of a particular jurisdiction as the Trust's governing law, that specification is conclusive unless the specified law is incapable of applying.
(2) If the Trust Instrument contains no such explicit specification or if the specified law is incapable of applying, but the instrument necessarily implies that the law of a particular jurisdiction is the Trust's governing law, that so implied law is the governing law of the Trust.
(3) If the Trust Instrument contains no such explicit specification or if the specified law is incapable of applying, and there is no such necessary implication from the instrument or the implied law is incapable of applying, the Trust's governing law is the law of the jurisdiction that is most closely connected with the Trust.
(4) In deciding what jurisdiction is most closely connected with the Trust, the following may be taken into account:
(A) where the Trust is to be administered;
(B) where the Trust Property is located;
(C) the domicile and usual address of the Settlor and the Trustee;
(D) the domicile and usual address of the Beneficiary;
(E) the objects of the Trust and where those objects are to be fulfilled; and
(F) any other relevant matter.
(5) A law is incapable of applying to a Trust if the law does not provide for the kind of Trust.
Amended (as from 24th December 2017).