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Settlor

A settlor is a person who creates a trust or contributes property to it.

Meaning of settlor

The Hague Trusts Convention describes the settlor as the person who creates a trust relationship when assets are placed under a trustee's control for beneficiaries or a specified purpose.[1]

Jersey's Trusts Law gives a more direct definition: a settlor may provide trust property or make a testamentary disposition on trust. The Cayman Act uses a broader formulation for its special trust provisions, including people who directly or indirectly dispose of property for a trust, declare a trust, or otherwise create a trust.[3][4]

Where the term appears

The term settlor appears in more than one context. The Convention assigns the settlor a role in defining a trust and selecting its governing law, while local statutes address reserved powers and trustee records.[1]

Under the Convention, the settlor's law choice must be express or implied in the trust instrument or writing, interpreted in light of the circumstances if needed. If that chosen law does not recognize trusts or the relevant category, the choice is ineffective and a connection-based rule applies. Where no law was chosen, the governing law is the law most closely connected to the trust; the place of administration designated by the settlor is one factor.[1]

Relationship to trustee and beneficiary

The settlor and trustee have distinct roles in the Convention's definition. The settlor creates the legal relationship, while the trustee controls the assets and has duties to manage or dispose of them under the trust terms and law.[1]

A settlor can also retain certain rights or powers without that fact alone conflicting with the existence of a trust. The Jersey statute also states that a settlor or trustee may be a beneficiary, so these roles can overlap in a person.[1][3]

Reserved powers and records

The Cayman Act lists powers that may be reserved or granted to a settlor, including changing the trust instrument, appointing or removing trustees or beneficiaries, and directing trustee decisions about trust property. The Act says these powers do not invalidate the trust or affect its stated presumption of immediate effect.[4]

The Cayman Act separately identifies the settlor as one of the people whose identity and particulars a trustee must keep in an accurate record. It lists contributors, beneficiaries and protectors separately, so the settlor is a distinct record category in that provision.[4]

Local validity is a separate question from U.S. treatment. A statute that keeps a trust valid despite reserved powers does not decide the U.S. result. A power to revoke, direct distributions back to the settlor, or veto trustee decisions may affect the trust's U.S. tax classification and related reporting obligations. The legal effect of retained control depends on the governing law and the facts.

Chart of who can hold which trust power, with the full data table below.
Which role can hold which power under selected statutes and commentary; allocation varies by instrument and governing law.
Data table for this infographic
Trust powers by role
Power or topicSettlorTrusteeProtectorInvestment adviserBeneficiary
Legal and beneficial ownershipPasses legal ownership of the assets to the trustee AHolds the trust assets for those who benefit ANot coveredNot coveredBenefits from the trust; separate from legal ownership A
Dispositive powers (income and capital)May reserve a power to appoint income or capital B CThe trustee makes the decisions assigned to it under the trust deed DA protector may be given power to approve certain trustee actions EDelaware: May be given authority to direct, consent to or disapprove distribution decisions FNot covered
Investment directionMay reserve power to give directions on purchase, holding or sale of trust property B CFiduciary whose investment decisions a Delaware adviser may be given authority to direct, consent to or disapprove FNot coveredDelaware: May be given authority to direct, consent to or disapprove actual or proposed investment decisions FNot covered
Appointment and removalMay reserve power to appoint, add or remove a trustee, protector or beneficiary B CNot coveredMay be given power to remove and appoint trustees, advisers and other protectors E GNot coveredNot covered
Consent and veto rightsMay require trustee powers to be exercisable only with settlor or specified-person consent B CGuernsey commentary: The trust instrument may require protector consent for certain strategic trustee powers DGuernsey commentary says that holding consent powers does not by itself make a protector or other consent provider a trustee DNot coveredNot covered
Governing law and forumMay reserve power to change the governing law and forum for administration BNot coveredNot coveredNot coveredNot covered
Reading the matrixA blank cell means no provision is cited for that pairing; it does not mean the role cannot hold the power. The Cayman and Jersey provisions (B, C) say that reserving or granting the powers they list does not invalidate the trust. Guernsey commentary (D) notes that no protector is essential to the validity of a Guernsey trust. Allocation depends on the trust instrument and the governing law. Terms, defined roles and available powers differ by jurisdiction and instrument.
Notes and sourcesLaw-firm items (A, D) are commentary. A Withers on trust basics. B Cayman Trusts Act s. 14. C Jersey Trusts Law Art. 9A. D Ogier and Carey Olsen on Guernsey trusts. E ADGM trusts page and Delaware Code tit. 12 s. 3313(f) (protector powers). F Delaware Code tit. 12 s. 3313(a). G Delaware s. 3313(f)(1).

In more detail

The Convention describes the settlor's role through the placement of assets under a trustee's control for a beneficiary or a specified purpose. It also says the trust is governed by the law chosen by the settlor, with that choice expressed or implied in the trust instrument or writing that evidences the trust.[1]

The Convention says reserving certain rights or powers does not necessarily conflict with a trust's existence. Jersey law provides that a settlor's reservation or grant of a beneficial interest or specified powers does not by itself make the settlor or the recipient a trustee.[1][3]

Key points

A trust instrument may reserve or grant the settlor powers over investments or the ability to revoke, vary, or amend trust terms.[6]

A settlor may be named as a beneficiary under the trust's terms.[7]

A settlor may be involved as a protector or hold reserved powers while a private trust company serves as trustee.[8]

Related reading

Related terms include trust, trust instrument, trustee, and beneficiary.

Questions and answers

Does a settlor have to be the trustee?

The Convention describes the settlor and trustee as separate roles in its trust definition. The Cayman Act also contemplates that a settlor may be one of the trustees.[1][4]

Can a settlor also be a beneficiary?

Yes. Jersey's Trusts Law states that a settlor or trustee may also be a beneficiary of the trust.[3]

Can the settlor retain powers over a trust?

The Convention says reserving certain rights and powers is not necessarily inconsistent with a trust. The Cayman Act lists powers such as changing trust terms, appointing trustees, or giving directions, and says such reservations do not by themselves invalidate the trust.[1][4]

How can a settlor affect the governing law?

The Convention says a trust is governed by the law chosen by the settlor, with the choice stated or implied in the trust instrument or writing. If no law is chosen, the law most closely connected to the trust applies under the Convention's rule.[1]

Is a settlor the same as a contributor?

The Cayman Act lists a settlor and a contributor as separate categories for trustee recordkeeping. The Jersey definition focuses on providing trust property or making a testamentary disposition, while the Cayman definition for a particular part of the Act also covers declaring or otherwise creating a trust.[3][4]

  • Trust: The Hague Convention describes a trust as a relationship in which a settlor places assets under a trustee's control for beneficiaries or a specified purpose.
  • Reserved powers: Reserved powers are rights a settlor keeps, or gives to another person, under a trust. Trust laws address their validity and timing, and administration.
  • Trust instrument: The Hague Trusts Convention describes a trust instrument as a document that creates a trust or writing that evidences it. It also describes trust terms.
  • Proper law of a trust: The Jersey Trusts Law defines proper law as the jurisdiction's law expressed or implied in trust terms, or most closely connected to the trust when created.
Sources and data notes
  1. HCCH, 1985 Hague Trusts Convention. https://www.hcch.net/en/instruments/conventions/full-text/?cid=59. Retrieved .
  2. Internal Revenue Service, 26 CFR 301.7701-4. https://www.ecfr.gov/current/title-26/section-301.7701-4. Retrieved .
  3. Jersey Legal Information Board, Trusts (Jersey) Law 1984. https://jerseylaw.je/laws/current/l_11_1984. Retrieved .
  4. Cayman Islands Legislature, Trusts Act (2021 Revision). https://legislation.gov.ky/cms/images/LEGISLATION/PRINCIPAL/1967/1967-0006/1967-0006_2021%20Revision.pdf. Retrieved .
  5. Legislature of Bermuda, Trusts (Special Provisions) Act 1989. https://bermuda.fm/legislation/1591. Retrieved .
  6. ogier.com, The use of trusts in Jersey | Ogier. https://www.ogier.com/news-and-insights/insights/the-use-of-trusts-in-jersey/. Retrieved .
  7. careyolsen.com, Types and uses of Cayman Islands law trusts | Carey Olsen. https://www.careyolsen.com/insights/briefings/types-and-uses-cayman-islands-law-trusts. Retrieved .
  8. careyolsen.com, Cayman Islands private trust companies | Carey Olsen. https://www.careyolsen.com/insights/briefings/cayman-islands-private-trust-companies. Retrieved .

Dates in this block record when each source was read for this page.