Publication of the Note on the Application and Interpretation of Article 2 of the 1985 Trusts Convention and on the Institutions Analogous to Trusts
The Permanent Bureau (PB) of the HCCH is pleased to announce the publication of the Note on the Application and Interpretation of Article 2 of the 1985 Trusts Convention and on the Institutions Analogous to Trusts (Note).
The 1985 Trusts Convention specifies the law applicable to trusts and governs the recognition of trusts in the Contracting Parties. The Note is intended to serve as reference material for legal practitioners dealing with issues relating to the application and interpretation of the Convention and, in particular, the question of whether an institution may meet the criteria set out in Article 2 of the Convention. The PB expects that the Note will serve as a valuable resource for judges, government officials, legal practitioners, academics, and all others interested in the operation of the Convention. It is also expected to facilitate the Convention’s effective implementation and promote a broader understanding of its operation.
The Note was finalised by a Working Group established in 2025 at the request of the Council on General Affairs and Policy of the HCCH, building on preparatory work undertaken by the PB. The PB thanks the Chair and members of the Working Group who, through their expertise and valuable input, contributed to the finalisation of the Note.
The Note is available on the HCCH website under “Trusts”, in English, French and Spanish.
More information on the 1985 Trusts Convention is available on the Trusts Section of the HCCH website.