Best Trusts Lawyers in Tunisia

About Trusts Law in Tunisia

Trusts in Tunisia are governed by the Trusts Act of 2016. A trust is a legal arrangement where a person (the settlor) transfers assets to a trustee who manages those assets for the benefit of one or more beneficiaries. Trusts are commonly used for estate planning, asset protection, and charitable purposes.

Why You May Need a Lawyer

You may need a lawyer specializing in trusts in Tunisia if you are considering setting up a trust, need assistance in interpreting trust documents, want to modify an existing trust, or are involved in trust disputes. A lawyer can provide legal advice, draft trust documents, and represent you in court if necessary.

Local Laws Overview

In Tunisia, trusts are irrevocable and cannot exceed the duration of 99 years. Trusts must have at least one trustee and one beneficiary. Any person of legal age and capacity can create a trust, and trusts can be created for any lawful purpose.

Frequently Asked Questions

Q: Can foreigners establish trusts in Tunisia?

A: Yes, foreigners can establish trusts in Tunisia as long as the trust complies with Tunisian laws.

Q: Can I act as a trustee and a beneficiary of the same trust?

A: No, the same person cannot act as both trustee and beneficiary of the same trust in Tunisia.

Q: Are trust assets protected from creditors?

A: Trust assets are generally protected from the creditors of the settlor and beneficiaries in Tunisia.

Q: Can I change the terms of a trust after it has been established?

A: In Tunisia, the terms of a trust can only be modified if the trust deed allows for amendments. Otherwise, amendments may require court approval.

Q: What taxes apply to trusts in Tunisia?

A: Trusts in Tunisia may be subject to income tax, inheritance tax, and gift tax, depending on the circumstances.

Q: Can I create a charitable trust in Tunisia?

A: Yes, charitable trusts can be established in Tunisia for philanthropic purposes.

Q: How are trusts terminated in Tunisia?

A: Trusts in Tunisia can be terminated by fulfilling the purpose of the trust, expiration of the trust term, or court order.

Q: Can a trust be challenged in court?

A: Trusts in Tunisia can be challenged in court on grounds such as fraud, duress, mistake, or incapacity.

Q: Can a trust be revoked in Tunisia?

A: Trusts in Tunisia are generally irrevocable unless expressly stated otherwise in the trust deed.

Q: What are the duties of a trustee in Tunisia?

A: Trustees in Tunisia have a fiduciary duty to manage trust assets prudently, act in the best interests of the beneficiaries, and comply with the terms of the trust.

Additional Resources

For more information on trusts in Tunisia, you may contact the Ministry of Justice or seek advice from legal professionals specializing in trusts and estates.

Next Steps

If you require legal assistance with trusts in Tunisia, it is advisable to consult with a lawyer who has experience in this area. They can help you understand the legal requirements, draft necessary documents, and guide you through the process of setting up or managing a trust.