February 2020

Dr. David Hayton – Judge of The Court for Trusts and Fiduciary Relations, Republic of San Marino, Italy

In 2015, David Hayton was installed as a part-time Judge of The Court for Trusts and Fiduciary Relations of the Republic of San Marino, Italy.

The Court was established, by the Constitutional Law no. 1 of 26 January 2012, to respond to the need for creating a specialized and highly qualified judicial body with expertise in the field of trusts and fiduciary relations. Renowned as a leading authority in the UK and Europe on trust laws, David was one of the original five judges elected in 2014 to the Court by a two-thirds majority of the members of the San Marino Parliament.

The Court is competent for all cases and disputes concerning legal relationships deriving from entrustment or confidence such as trust, fiduciary agreement, fideicommissum and fiduciary heirships, regulated by whatsoever legal system.

The jurists were elected due to their special competence to offer appropriate answers to specific issues which arise in such disputes, as well as being able to act according to the relevant governing law.

At the end of 2019, David was called upon to preside over a panel of the Court to deal with a trust dispute concerning complex interlocking trusts with a final trust conferring exclusive jurisdiction on the San Marino Court, though the original San Marino governing law has since changed to the law of Belize. The matter is ongoing.