Labuan Offshores Trusts Act 1996 · s 10

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10.
Unenforceability of foreign claim or judgement
(1) Where a Labuan trust is validly created in accordance with or as provided by this Act, the Court shall not vary it or set it aside or recognize the validity of any claim against the trust property pursuant to the law of another jurisdiction or the order of a court of another jurisdiction in respect of—
(a)  the personal and proprietary consequences of marriage or the termination of marriage;
(b)  succession rights, whether testate or intestate, including the fixed shares of spouses or relatives;
(c)  any claims or orders of court with regard to matters referred to in paragraph (a) or (b) in reference to the personal laws of the settlor or the beneficiaries;
(d)  the claims of creditors in an insolvency subject to the provisions of section 11;
(e)  any claims with regard to the validity of any transfer or disposition of property into the Labuan trust;
(f)  any claims with regard to the capacity of the settlor; or
(g)  any claims by reason that the laws of any foreign jurisdiction prohibit or do not recognise the concept of a trust.
(2) For the avoidance of doubt, it is hereby declared that in the event of any inconsistency between the proper law of a trust and the personal laws of the settlor or the beneficiaries, the former shall prevail.

20                                    Laws of Malaysia                               ACT 554
(3) Where the settlor of a Labuan trust is a resident, this section shall only apply in so far as it is consistent with any written law in
Malaysia.

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s 10Unenforceability of foreign claim or judgement

(1)

Where a Labuan trust is validly created in accordance with or as provided by this Act, the Court shall not vary it or set it aside or recognize the validity of any claim against the trust property pursuant to the law of another jurisdiction or the order of a court of another jurisdiction in respect of—

(a)

the personal and proprietary consequences of marriage or the termination of marriage;

(b)

succession rights, whether testate or intestate, including the fixed shares of spouses or relatives;

(c)

any claims or orders of court with regard to matters referred to in paragraph (a) or (b) in reference to the personal laws of the settlor or the beneficiaries;

(d)

the claims of creditors in an insolvency subject to the provisions of section 11;

(e)

any claims with regard to the validity of any transfer or disposition of property into the Labuan trust;

(f)

any claims with regard to the capacity of the settlor; or

(g)

any claims by reason that the laws of any foreign jurisdiction prohibit or do not recognise the concept of a trust.

(2)

For the avoidance of doubt, it is hereby declared that in the event of any inconsistency between the proper law of a trust and the personal laws of the settlor or the beneficiaries, the former shall prevail.

20 Laws of Malaysia ACT 554

(3)

Where the settlor of a Labuan trust is a resident, this section shall only apply in so far as it is consistent with any written law in

Malaysia.