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A trust jurisdiction review asks one question: is the place where your trust is governed and administered still the right one? A seat chosen years ago may have been sound at the time. Laws change, banks revise their appetite, registers open, and the family itself moves. The review puts those developments next to the trust as it stands today.
It is not a sales exercise and it does not assume the answer is Switzerland. In many cases the finding is that the current seat still fits, with a few points to tidy up.
What a jurisdiction fit review actually examines
The review has two layers. The first reads the trust itself. The second reads the environment around it.
On the trust side, the reviewer looks at the deed and every amendment, at who holds each governance role, and at whether decisions were taken the way the deed requires. Accounts and records are checked for completeness, and distributions are compared with what the deed permits. Compliance files and filings complete the picture.
On the environment side, four families of change are tested:
- Legal: reforms to trust statutes, court practice, and how the seat treats foreign judgments and claims against the trust.
- Political and banking: the stability of the seat, its standing with international bodies, and how banks there treat trust clients. A seat's reputation can move faster than its statute book.
- Registers and reporting: what is disclosed, to whom, and under which automatic exchange rules (AEOI, CRS).
- Substance: whether the trustee, the records and the decision-making really sit where the trust says they do.
Who this review is for
The review suits settlors and families whose trust has been running for some time, trustees who inherited a structure, and advisers who want an independent reading. Typical triggers include a change of residence by the settlor or beneficiaries, a bank asking new questions, a reform in the seat, or simply the passing of time.
Example: a family living in Lausanne holds a trust set up long ago under another legal system. A bank in that seat starts requesting more documentation. The family does not know whether this is a passing administrative matter or a sign that the seat has become harder to use. A fit review separates the two.
If the question is about moving the trust, the page on relocating an existing trust to Switzerland and the guide to the legal mechanics of moving a trust take over from where the review ends.
How the review scores fit
A review is only useful if its conclusions can be compared from year to year. For that reason each criterion is rated on a qualitative scale, never a number invented for appearance. The ratings below are an illustration of the format, not a result for any real trust.
A low rating is not a verdict against the seat. It marks a point that deserves a decision: accept it, mitigate it, or consider a different seat. The method behind the political and banking criteria is explained in a method for judging political and banking stability.
What the review produces
The output is a written reading, not a recommendation to act. It normally contains:
- a summary of how the trust is built and where its governance sits;
- the scored profile, with the reasoning for each rating;
- a list of gaps in the file, such as missing resolutions or unsigned amendments;
- the options available, from leaving everything as it is to a structured move.
For a seat-by-seat view of the routine obligations that feed into this reading, see the annual compliance calendar by seat. A recurring check can then follow the annual jurisdiction review checklist.
What changes in Switzerland, and what does not
When Switzerland is one of the seats under comparison, a few facts frame the discussion. A professional trustee established in Switzerland is a financial institution under article 2 paragraph 1 letter b of the Financial Institutions Act (LEFin, also known as FinIA). Under article 17 paragraph 2, a trustee is anyone who, professionally, manages or disposes of separate assets for a beneficiary or for a defined purpose, on the basis of a trust deed within the meaning of the 1985 Hague Convention. Under article 3, an activity is professional when it is an independent economic activity carried out to earn a regular income.
A trustee based in Switzerland must be a sole proprietorship, a commercial company or a cooperative, entered in the commercial register (article 18 LEFin). FINMA grants the authorization. Day-to-day checking of the conditions is carried out by a supervisory organization, itself authorized and supervised by FINMA, and changes in the facts must be reported to it in advance.
Transparency is also moving. The new federal law on the transparency of legal entities came into force and the transparency register, kept by the Federal Office of Justice, started on 1 October 2026. The official announcement refers to legal entities and does not mention trusts, so how a given structure is affected is a question for individual analysis. The Anti-Money Laundering Act (AMLA, article 2) also defines non-operating legal entities broadly, with trusts among the listed forms.
For a wider view, read Switzerland as a trust seat and the comparison of regulated and lightly regulated seats.
What the review does not cover
The review does not choose or replace a trustee, and it does not give personal tax advice. It does not draft a new deed or carry out a move. If your situation involves a US person, a bank under pressure or several countries of residence, those points are flagged for separate analysis rather than settled here.
What a confidential assessment establishes
The confidential assessment is the first step. It establishes which documents exist, which seat and governing law apply, whether the review should be limited to a quick fit check or extended to a full reading of the file, and which questions need specialist input. Fees depend on the structure and are indicated after the assessment.
Frequently asked questions
How often should a trust be reviewed against its seat?
There is no universal rule. Many trustees tie the review to the annual cycle and add an extra one after a major event: a reform in the seat, a move by the settlor or a change in banking relationships. The right rhythm depends on the structure and the countries involved.
Does a weak score mean the trust must move?
No. A weak rating identifies a point to decide on. Some weaknesses can be handled inside the current seat, for example by improving records, adding substance or changing the bank. A move is one option among several. The common mistakes when relocating a trust show why a move should not be a reflex.
Can the review be done without telling the current trustee?
Practical access to documents usually requires cooperation. Whether a settlor or beneficiary may obtain them depends on the deed and on the law of the seat, which is part of what the assessment clarifies.
Is the review useful if the trust is already in Switzerland?
Yes. A seat can be right in principle and still need attention: a change in the settlor's residence, new reporting duties or a shift in how banks treat the structure. The same method applies.
Does the review cover tax?
It looks at the tax position only as far as it affects the choice of seat and the compliance files. Personal tax advice depends on residence and on the countries of the beneficiaries and needs a separate analysis.
What if the trust holds a business or real estate?
Those assets add questions about where they are located and which law governs them. The pages on trusts holding operating businesses and on real estate in trusts by seat describe the issues.
Sources
Considering a trust, or reviewing one?
Describe your situation in a few lines. A Geneva-based trustee reviews it in confidence and replies in writing.