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Private Clients

A Timeless Vehicle for Wealth Protection and Succession

Mauritius trusts offer high-net-worth families a sophisticated, legally robust mechanism for protecting assets, managing succession, and optimising cross-border wealth transfer, all within one of the world's most respected trust jurisdictions.

Overview

What is a Mauritius Trust?

A Mauritius trust is a legal arrangement governed by the Trusts Act 2001, a modern, common-law framework that draws on leading trust jurisdictions while incorporating flexibility suited to international families. Under the Act, a settlor transfers assets to a trustee, who holds and manages them for the benefit of specified beneficiaries or for a defined purpose.

Mauritius recognises several trust types: fixed trusts (with predetermined beneficiary interests), discretionary trusts (where the trustee exercises judgment over distributions), purpose trusts (for specific non-charitable objectives), and offshore trusts (where all parties are non-resident). Each structure is calibrated to different planning objectives, from intergenerational wealth transfer to asset protection and investment holding.

Professional trustees in Mauritius must be licensed by the Financial Services Commission, ensuring high governance standards and regulatory oversight. Trusts can be resident or non-resident for tax purposes; non-resident trusts with non-Mauritian source income bear no Mauritius tax, making the jurisdiction especially attractive for international families seeking a tax-neutral holding structure.

Aurevya advises on the full spectrum of trust structures, from initial strategy and trust deed drafting to trustee appointment, ongoing administration, and regulatory compliance. Our team works closely with settlors, protectors, and legal counsel across jurisdictions to ensure each trust is purpose-built and durable across generations.

20+
Years of Legal Framework
The Trusts Act 2001 has provided a stable, internationally respected legal foundation for Mauritius trust structures since its enactment.
0%
Tax on Non-Mauritian Source Income
Non-resident trusts with non-Mauritian source income bear no Mauritius income or capital gains tax, a compelling advantage for international families.
45+
DTA Treaties via Mauritius
Where Mauritian holding entities sit beneath a trust, the country's extensive double taxation agreement network provides treaty protection for underlying investments.

Key Features

What a Mauritius Trust Delivers

01
Asset Protection
Once validly settled, trust assets are legally ring-fenced from the settlor's personal creditors and future claims, providing robust protection for family wealth against business, litigation, and political risk.
02
Succession Planning
A trust enables wealth to transfer to future generations in accordance with the settlor's precise wishes, avoiding the delays, costs, and public exposure of probate while managing forced heirship risks in the settlor's home jurisdiction.
03
Confidentiality
Mauritius trust documents are not filed on any public register. Beneficiary identities and trust terms remain private, with disclosure limited to regulatory authorities and professional advisers under strict duty of confidentiality.
04
Trust Deed Flexibility
The Trusts Act 2001 permits wide drafting latitude, accommodating reserved powers for the settlor, letter of wishes, protector mechanisms, anti-Bartlett clauses, and bespoke distribution provisions tailored to family circumstances.
05
Protector Appointment
A protector can be appointed to supervise the trustee's exercise of discretions, veto certain actions, and provide an additional layer of family oversight, without the protector being directly involved in day-to-day administration.
06
Reserved Powers Trusts
Under Mauritius law, settlors may reserve specific powers, including investment directions, the power to add or remove beneficiaries, and revocation rights, without invalidating the trust, preserving family control within a legally sound framework.

Process

How It Works

01

Initial Strategy & Planning

We begin with a thorough review of the family's assets, domicile, tax position, and succession objectives, assessing whether a trust is the optimal vehicle and, if so, which type best serves the client's goals.

02

Trust Deed Drafting

Our legal team drafts a bespoke trust deed and, where appropriate, a letter of wishes, incorporating the settlor's specific instructions, reserved powers, protector provisions, and distribution mechanisms.

03

Trustee Appointment & Licensing

A licensed professional trustee is appointed, either Aurevya's own trustee company or a third-party FSC-licensed trustee, ensuring regulatory compliance from the outset and throughout the trust's life.

04

Asset Transfer to Trust

Assets are formally settled onto the trust, whether cash, shares in holding companies, real estate, or investment portfolios, with appropriate legal transfer documentation and, where applicable, stamp duty or tax advice in the relevant jurisdiction.

05

Ongoing Administration & Reporting

The trustee manages the trust assets in accordance with the deed, maintains accounts, produces annual reports, and ensures compliance with Mauritius regulatory requirements, including FATCA/CRS reporting where applicable.

Practical Considerations

Requirements & Eligibility

Regulatory & Structural Requirements

  • Trustee must be a licensed professional trustee approved by the FSC
  • Trust deed must be executed in writing and signed by both settlor and trustee
  • Non-resident trust assets must be situated outside Mauritius for 0% tax treatment
  • Anti-avoidance rules in the settlor's home jurisdiction must be assessed prior to settlement
  • Proper substance and governance must be maintained by the trustee throughout
  • FATCA and CRS classification and reporting obligations apply from establishment
  • Annual accounts and trustee reports prepared and retained in accordance with the Act

Settlor & Beneficiary Considerations

  • No minimum asset threshold is prescribed by Mauritius law, though commercial viability typically commences from USD 500,000 in trust assets
  • Settlors and beneficiaries may be of any nationality and resident in any country
  • Forced heirship exposure in the settlor's home jurisdiction must be reviewed, Mauritius law offers some protections but home jurisdiction law may override
  • Settlors wishing to retain significant control should consider reserved powers provisions to avoid sham trust risk
  • Protectors should be individuals who are independent from the beneficiary class where possible
  • Letter of wishes, though non-binding, provides critical guidance to the trustee on the settlor's intentions

Common Questions

Frequently Asked Questions

In a discretionary trust, the trustee holds complete discretion over when and how much to distribute to the beneficiaries, there are no fixed entitlements. This structure is the most commonly used for private wealth planning because it preserves flexibility: the trustee can respond to changing family circumstances, tax environments, and beneficiary needs over time. Beneficiaries have a right to be considered, but not a right to receive. This distinction is crucial for asset protection and in some jurisdictions for tax treatment.
Yes, in most cases. In a discretionary trust, the class of beneficiaries can typically be amended by the trustee, and in some structures, by the settlor or protector, in accordance with the powers set out in the trust deed. For fixed trusts, beneficiary interests are defined at the outset and are harder to alter. If flexibility to add future family members (such as grandchildren not yet born) is important to you, this should be addressed at the drafting stage with an appropriate power of addition.
Legally, the trustee owns and controls the assets. However, in practice, the degree of settlor influence depends on the trust deed. A reserved powers trust can allow the settlor to retain investment direction authority, the power to change the trustee, and other significant controls, while still achieving the legal separation necessary for asset protection and succession planning. The trustee remains subject to fiduciary duties and must act in the best interests of the beneficiaries at all times, regardless of the settlor's wishes.
A non-resident Mauritius trust, where all beneficiaries are non-resident and trust assets are situated outside Mauritius, bears no Mauritius income or capital gains tax. Mauritius also imposes no inheritance or estate tax. However, beneficiaries may be subject to tax in their own jurisdiction when distributions are received, and the settlor may face anti-avoidance charges in their home country. Tax treatment must be analysed on a jurisdiction-by-jurisdiction basis, and Aurevya works alongside clients' domestic advisers to ensure a comprehensive picture.
The trustee is the legal owner of the trust assets and the primary fiduciary, responsible for managing and administering the trust in accordance with the trust deed and in the interests of the beneficiaries. The protector is an optional supervisory role, often occupied by a trusted family adviser, family member, or independent professional, who can veto certain trustee decisions, remove and replace the trustee, and ensure the trustee acts in accordance with the settlor's original intentions. The protector does not manage assets directly and does not assume the same fiduciary duties as the trustee.
Yes. A Mauritius trust can hold a wide variety of assets, including shares in holding companies, investment portfolios, real estate (held through corporate vehicles), cash, and private equity interests. For international real estate, the property is typically held through a locally incorporated company which is in turn held by the trust, ensuring clean legal title and appropriate liability separation. Aurevya advises on the optimal holding structure for each asset class within the trust framework.

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