Where to Set Up a Trust: Choosing the Jurisdiction and Seat

If you are asking where to set up a trust, the useful starting point is not a place on a map and not a trustee. It is the governing law. The law you choose for the trust deed determines what a settlor may reserve, how long the structure can last, how courts treat challenges and what the beneficiaries can enforce. The seat, meaning the place where the trust is administered, follows from that choice and from practical questions about banking, regulation and reporting.

This page explains what a siting review covers, who it suits and how the work moves from a first discussion to a signed deed. It is general information, not advice: the right answer depends on your residence, the countries of your beneficiaries, the nature of your assets and the legal systems involved.

What a siting review actually covers

A siting review is a structured comparison carried out before drafting begins. It tests the candidate legal systems against your stated objectives and records why each one was kept or set aside.

In practice it covers:

• a confidential discussion of your family situation, your assets and your goals;
• the choice of governing law, made together with specialist counsel in each system under consideration;
• the form of trust that best fits those objectives: discretionary, fixed, revocable, irrevocable or company-based;
• the definition of the beneficiary class, both current and future;
• the supporting documents that sit around the trust deed.

The review does not select a trustee for you and does not replace tax advice in your country of residence. Those questions are handled separately; see how to choose a trust jurisdiction for the wider criteria.

Governing law and seat are different decisions

Many people treat the two as one. They are not, and separating them widens your options. A trust can be governed by one system and administered in another, provided the seat's own rules allow it. The page on governing law versus seat of administration sets out the distinction in detail.

Recognition matters too. A trust is only as reliable as the legal systems that will be asked to respect it, which is why the Hague Trusts Convention is a standard reference point when a seat is shortlisted.

From objectives to a signed deed

The sequence below shows how a typical review moves. Each step narrows the field; none is skipped, because a late change of governing law usually means redrafting.

Timing is difficult to state in general. It depends on how many systems are compared, how complex the assets are, how many countries the beneficiaries live in and how quickly documents can be assembled. The confidential assessment is where an indicative timetable for your case can be set.

Who this suits

A siting review tends to be useful in three kinds of situation:

• Cross-border families. Example: a family established in Lausanne with children studying abroad and property in another country. The law of each place may treat the trust differently. See a family moving between civil-law and common-law countries.
• Business owners. Someone placing shares in a trust needs a seat that can accommodate the company's governance. Related reading: business owner placing shares in trust.
• Founders weighing Switzerland against another seat. Example: an entrepreneur comparing a Channel Islands seat with Geneva. The comparison is set out in Switzerland vs Jersey for a trust and in Switzerland as a trust seat.

What Swiss law requires of a professional trustee

Where Switzerland is on the shortlist, the regulatory framework for the trustee is part of the analysis. Under Art. 17 para. 2 of the Financial Institutions Act (LEFin / FinIA / FINIG), a trustee is anyone who, on a professional basis, manages a separate pool of assets or disposes of it for a beneficiary or a defined purpose, on the basis of a trust deed within the meaning of the 1985 Hague Convention. Under Art. 2 para. 1 let. b, trustees count as financial institutions alongside asset managers. Activity is professional under Art. 3 when it is an independent economic activity carried out to earn a regular income.

A trustee based in Switzerland must, under Art. 18, be a sole proprietorship, a commercial company or a cooperative, and be entered in the commercial register. Art. 19 para. 2 requires the trustee to manage the separate assets, preserve their value and use them according to their purpose. Art. 20 requires management of at least two qualified persons, and Art. 22 sets minimum capital of CHF 100,000, paid in cash, together with appropriate guarantees or professional liability insurance.

These rules say who may act as a professional trustee in Switzerland. They do not by themselves tell you whether Switzerland is the right seat for your structure. For that, compare the regulated and lightly regulated seats.

Documents to prepare

Gathering papers early shortens the review. Typical items:

• A summary of your objectives and any existing wills or marriage contracts
• An overview of the assets to be placed in trust and where they are located
• A list of intended beneficiaries and the country of residence of each
• Identity and source-of-wealth documents required for anti-money-laundering checks (LBA / AMLA / GwG)
• Details of any existing structures, companies or foundations
• Notes on the powers you wish to reserve or give to a protector

For a structure that already exists, see the documents for a trust relocation.

What this service does not cover

The review compares legal seats and prepares the foundation for a deed. It does not quote a rate of return, promise a tax outcome or guarantee that a court will uphold a clause. Professional fees depend on the structure and are indicated after the confidential assessment. Selecting or replacing a trustee, and tax advice for your country of residence, are separate questions.

How to request an assessment

Use the Request a confidential assessment form. You describe your situation in general terms, and the response sets out which legal systems merit a closer look, which documents are needed and how the work would be organised.