The Hague Conference on Private International Law (HCCH) has published a new Note on the interpretation of Article 2 of the 1985 Trusts Convention (the Note), marking an important development for practitioners, courts and authorities dealing with trusts in an international context.

STEP has been working closely with HCCH to help identify and raise awareness of trusts and analogous structures, particularly in civil-law jurisdictions and across the EU, supporting greater international understanding and recognition of these arrangements.

The Note examines the scope and interpretation of Article 2 of the Convention. It provides welcome clarity on a provision that is central to determining which trusts fall within the Convention’s scope. Importantly, it considers how the Convention can accommodate the diversity of trusts and analogous arrangements found across different legal systems.

A significant contribution to international trust law

The publication is the outcome of work undertaken by an HCCH Working Group, including STEP members, and represents a significant contribution to the continued practical relevance of the Convention. The Working Group’s work reflects the challenges created by the fact that trusts are understood and structured differently across jurisdictions. International transactions increasingly require courts, practitioners and authorities to engage with trust and other arrangements that may not have a direct equivalent in their domestic law.

The Note is therefore likely to become a useful reference point when considering whether particular trust arrangements fall within the Convention, and how Article 2 should be understood in light of the variety of trust concepts encountered internationally.

Supporting consistency and certainty in cross-border matters

The work also demonstrates the continuing importance of international cooperation in developing and maintaining private international law frameworks. By addressing questions of interpretation and seeking greater consistency in the application of the Convention, the Note should help practitioners and authorities navigate cross-border trust issues with greater certainty.

Looking ahead: King’s College London conference

The publication also comes ahead of the Private Client Business Journal Conference 2026: International Trusts Law at King’s College London on 10 September, in which the HCCH is participating. The conference will include discussion of the practical significance of the new Note, with representatives involved in its development contributing to the programme.

Why it matters for STEP members

For STEP members and practitioners advising on international trusts and analogous arrangements, the publication is a timely development. Article 2 sits at the heart of questions about the Convention’s scope, and greater clarity in its interpretation should support more consistent approaches across jurisdictions.

The Note can be accessed in English, French and Spanish on the HCCH website, providing practitioners with an important new resource for understanding the operation and reach of the 1985 Trusts Convention.

Emily Deane TEP, Technical Counsel & Head of Government Affairs