ABSTRACT

This provision, which was of particular interest to the UK, was added by Art 5(4) of the 1978 Accession Convention and enables a person domiciled in one Contracting State to be sued in the Contracting State in which the trust is domiciled. These provisions need to be read with Art 53(2), which was added by Art 23 of the 1978 Convention and provides that, in order to determine whether a trust is domiciled in a particular Contracting State, that State must apply its own law.