Switzerland
| Jurisdiction | United Kingdom |
| Pages | 531-544 |
| Author | Tina Wüstemann,Marco Frigg |
30
SWITZERLAND
Tina Wüstemann and Marco Frigg
A. Introduction 30.01
B Internal Trust Disputes 30.03
Jurisdiction 30.03
Applicable Law 30.12
C. Invalid or Fraudulent Transfers
of Assets 30.14
D. External Trust Disputes 30.17
Jurisdiction 30.17
Applicable Law 30.19
Matrimonial Property Disputes 30.22
Succession and Forced Heirship Disputes 30.26
E. Protection of Creditors 30.31
F. Sham Trusts 30.35
G. Tracing 30.39
H. Recognition and Enforcement
of Judgments 30.40
I. Trust Arbitration 30.42
A. Introduction
Swiss law does not recognize the concept of trusts (although it does recognize trusts cre-
ated under foreign law). Hence a trust cannot be governed by Swiss law.1 Yet, Switzerland
is seen by many foreigners as an attractive place to live and trusts are oen imported by
settlors relocating to Switzerland. Switzerland’s popularity as a hub for trust administra-
tion and related services has risen during the last years and so has the number of litigation
matters involving trust structures. Trustees have become increasingly involved in Swiss
proceedings and are frequently parties to complex cross- border disputes; the trustees be-
come a target for aggrieved beneciaries and family members or ex- spouses.2
Switzerland ratied the Convention on the Law Applicable to Trusts and on their
Recognition (‘Hague Trust Convention’ or ‘HTC’) in 2007 and thus fully recognizes for-
eign trusts. At the same time, new conict of law provisions have been introduced in the
Swiss Private International Law Act (‘PILA’), which are relevant in particular to jurisdic-
tion and recognition of foreign judgments in internal trust disputes.3 ere has so far been
little published case law in Switzerland under the new jurisdictional rules but given the
increasing number of Swiss- based trustees and the rise in trust disputes in general, the au-
thors have seen Swiss courts confronted with quite a number of trust disputes during the
last few years.
1 Several parliamentary interventions for the introduction of the trust to Swiss substantive law have been ini-
tiated in recent years and are still ongoing. Whether the trust will be implemented in Swiss substantive law is to
be seen.
2 Cf Wüstemann, Garbarski, and Conrad Hari, ‘Mountain to Climb. Trust Litigation in Switzerland’ (December
2016/ January 2017)STEP Journal 34– 37.
3 Art 21(3) and Arts 148a– 149e PILA, see Annex.
30.01
30.02
Tina Wüstemann and Marco Frigg, Switzerland In: International Trust Disputes. Second Edition.
Edited by: Steven Kempster, Morven McMillan, Alison Meek, Oxford University Press (2010).
© Oxford University Press. DOI: 10.1093/oso/9780198832737.003.0030
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