Trust Relocation Documents Checklist: What to Gather Before the Move

Moving an existing trust to a new seat is, in practice, a paper exercise before it is a legal one. A receiving trustee cannot review, accept or administer a structure it cannot see. This trust relocation documents checklist sets out what the outgoing side, the family and the banks usually need to put on the table, and the reason each item matters.

The list is general. What is actually required depends on the governing law of the trust, the country where the settlor and the beneficiaries live, the nature of the assets and the position of the banks involved. Treat it as a starting inventory for an individual analysis, not as advice.

Why the file comes before the decision

A relocation is rarely refused because of the idea. It stalls because the file is incomplete: a missing amendment, an unsigned consent, a bank that has never seen the deed. Gathering the documents early also tells you whether the move is feasible at all, because the deed itself decides who may change trustee, who must agree and which law governs.

For the legal mechanics behind these steps, see moving a trust between jurisdictions and the page on relocating an existing trust to Switzerland. This page stays on the paperwork.

The order of work

Core documents: the deed and its history

The trust deed and every amendment

Start with the signed trust deed and each later instrument that changed it: amendments, restatements, deeds of appointment and retirement, deeds of addition. The question is not "do we have a deed?" but "do we have the complete, current chain?" A gap in that chain is the most common reason a review has to be restarted.

Check specifically for:

• the clause governing the change of trustee, and any restriction on moving the administration abroad;
• the provisions on governing law and any power to change it, including a flee clause (see the flee clause entry);
• the powers of a protector or other holder of reserved powers;
• the class of beneficiaries and any power of addition or exclusion.

Letters of wishes and side documents

A letter of wishes is not binding in the way a deed is, but a new trustee needs to know it exists and what it says. Collect it, together with any memorandum, family charter or shareholder arrangement that sits alongside the trust. Their legal weight varies by seat, which is why the incoming trustee will read them against the law that governs the trust.

Consents and authorities

Depending on the deed, a change of trustee may need the written agreement of the settlor, the protector, the outgoing trustee, the incoming trustee and, in some structures, adult beneficiaries. A settlor who has died or lost capacity changes the route entirely. A court may then be involved.

Gather:

• the outgoing trustee's resignation or the instrument removing the trustee;
• the incoming trustee's acceptance of office;
• consents or confirmations from each person the deed names;
• any court order or approval already obtained;
• powers of attorney, where someone signs for a party.

Where the law of the current seat or the new one imposes its own conditions, an analysis of governing law versus seat helps you see which conditions apply.

Accounts and administration records

The incoming trustee has to understand what it is taking over, including the history. Request from the outgoing trustee:

• financial statements and trust accounts for the periods the deed or the law requires;
• an up-to-date schedule of assets, with location and holding entity;
• minutes and records of trustee decisions, especially discretionary distributions;
• records of loans, guarantees and related-party dealings;
• correspondence that explains unusual decisions.

Where the structure holds operating companies or property, add the corporate records and title documents. The pages on real estate in trusts by seat and on holding structures explain why situs rules often decide what is needed here.

Bank and custody letters

Banks are frequently the slowest step. A Geneva trustee will normally need to see, for each account:

• a current statement and confirmation of the account holder's exact name;
• the mandate or signing authority in force;
• any restriction, hold or compliance flag the bank has placed;
• the bank's written position on the change of trustee and on any new account opening.

A bank that has asked questions about the existing seat, or that is reconsidering the relationship, should be identified early. See banking and custody for trust assets by seat for how custody practice differs between seats.

Identification and the anti-money-laundering file

A trustee established in Geneva and authorised by FINMA is a financial intermediary under the Swiss Anti-Money Laundering Act (AMLA). The Act treats a trustee within the scope of the Financial Institutions Act (FinIA) as an intermediary financial. That status shapes what the incoming trustee must collect before it can act.

The Act requires the intermediary to verify the identity of the contracting party on the basis of a supporting document when a business relationship is established (Art. 3 AMLA). It must also identify the beneficial owner with the required diligence and verify that person's identity, and it requires a written declaration if the contracting party is not the beneficial owner or if there is doubt (Art. 4 AMLA). The Act further imposes duties to document and keep records and to maintain appropriate organisational measures (Arts. 7 and 8 AMLA).

In practical terms, prepare:

• certified identity documents for the settlor, protector and other controlling persons;
• evidence of the origin of the assets and the wealth;
• a written declaration on beneficial ownership;
• tax residence information supporting automatic exchange reporting (CRS/AEOI) and, where relevant, US status.

The definition of non-operating legal entities in Art. 2 AMLA expressly includes trusts, which is one more reason to expect careful questions. Reporting duties differ between seats; see the comparison of trust reporting regimes.

Register extracts and public entries

Gather extracts from every register where the structure appears:

• company registers for any holding or underlying company;
• land registers for property held in the trustee's name;
• any beneficial-ownership or trust register that applies in the current seat.

On the Swiss side, under Art. 149d of the Private International Law Act (PILA), when trust assets are registered in a trustee's name in a land, ship or aircraft register, the link with the trust can be noted. A link that is not noted cannot be relied on against third parties acting in good faith. Check whether the existing entries carry that note, because a change of trustee will mean updating them.

The Federal Council announced that the new Swiss transparency register, kept by the Federal Office of Justice, started on 1 October 2026. The announcement refers to legal persons and legal entities and does not mention trusts, so do not assume that a given trust is in or out of scope without checking. For the wider picture, read trust registers and privacy.

A working checklist

• Signed trust deed and all amendments, restatements and appointment deeds
• Letter of wishes and any family or shareholder documents
• Resignation or removal instrument for the outgoing trustee
• Acceptance of office by the incoming trustee
• Consents from settlor, protector and beneficiaries as the deed requires
• Court orders or approvals, where any were needed
• Trust accounts and a current asset schedule
• Records of trustee decisions and distributions
• Bank statements, mandates and written bank positions
• Corporate and land register extracts
• Identity documents and beneficial-ownership declaration
• Evidence of asset and wealth origin, and tax residence information

Before you commit to a move, the pre-relocation risk checklist covers the risks around these documents, and common mistakes when relocating a trust shows where files typically go wrong. For a fictional illustration, see relocating a Cayman trust to Switzerland.