In 30 seconds
- According to the article, a trust governed by foreign law does not prevent the creditor from acting before the Italian court.
- The foreign-court clause does not bind the creditor, who did not sign the trust deed.
- The revocatory action (Art. 2901 of the Civil Code, c.c.) makes acts carried out to defraud creditors ineffective.
Updated on October 15, 2026.
Can a foreign trust really make assets untouchable by creditors?
Imagine this situation: a person owes you a lot of money. You try to ask for it, but he replies: “I’m sorry, I no longer own anything. I have put all my houses and my money in a magic box called a Trust, run under the laws of a faraway island (like the island of Jersey). If you want the money, you have to go and sue there, not in Italy”.
It seems unfair, doesn’t it? Many people think that using these foreign legal instruments is enough to make their assets “invisible” or untouchable by Italian creditors.
However, there is good news. The Court of Cassation sitting as the Joint Chambers (Sezioni Unite, the most important judges in Italy) has just decided a very important case.
It clarified that this “trick” does not work when there are debts to be paid.
What did the Judges decide?
The case concerned a creditor who wanted to recover his money from a debtor who had put everything into a Trust governed by the law of Jersey. The debtor said: “The Trust deed says that only the Jersey judges can decide. The Italian judge has nothing to do with it”.
The Court of Cassation said NO. Here is why, explained in an easy way:
Why don’t the trust’s rules apply to the creditor?
The Trust is like a private club. If you sign the Trust deed, you accept its rules, including the one about going to the foreign judge.
But the creditor is an outsider, he never signed that deed! The judges established that an outsider (the creditor) cannot be forced to comply with a rule he never accepted. The creditor has the right to sue in Italy, where the debtor lives.
Why does creditor protection prevail over foreign law?
Even if the debtor chooses a foreign law for his Trust, he cannot cancel the Italian laws that protect those who are owed money. There is an instrument called the revocatory action (Art. 2901 of the Civil Code): it serves to “cancel” acts done on purpose to defraud creditors.
This is a fundamental (mandatory) rule that cannot be circumvented with a foreign contract.
What does this mean for you?
This judgment (no. 26471 of October 1, 2025) is an important decision for justice and for those who need to recover a debt.
- If you are a Creditor: Do not give up if your debtor says he has put everything in a foreign Trust. You have the full right to turn to the Italian Judge to have that transfer declared ineffective and recover your money.
- If you want to protect your assets (honestly): The Trust is a very useful and legitimate instrument for managing family assets or generational transfer. However, it must be built properly, with worthy purposes and not to “run away” from debts. If the only aim is not to pay, the Trust will not stand up before a judge.
Why is it important to be assisted by a lawyer?
International law and asset management are complex matters, full of rules and traps. As you have seen, a single detail is enough to change the outcome of a case or the security of an estate.
Do not rely on “do it yourself” or superficial advice.
At our Law Firm, our lawyers, supported by a notary for notarial matters, assist you both in defending your rights in court and in drafting the deeds.
Do you need to recover a difficult debt or do you want to plan your assets safely?
You can contact us for a consultation. We will analyse your case in simple words. Each situation must be assessed on the documents.
Related guides
Main page on the subject: Debt recovery in Naples: all the guides and how to contact the firm →
The route that usually works best
The possible routes
- If you are a creditor: turn to the Italian judge to have the transfer to the Trust declared ineffective, with the revocatory action (Art. 2901 c.c.).
- If the debtor raises the foreign-court clause: challenge it, because according to the judgment it does not apply to someone who did not sign the Trust deed.
- If you want to protect your assets honestly: build the Trust with worthy purposes, not to escape debts.
Which usually works best and why
It depends on the case, because it depends on which side you are on. If you are a creditor, the article indicates that you can act before the Italian judge and do not have to go to Jersey. If you are the one who wants a Trust, the article warns that it holds up only if it is not an instrument for not paying debts. The reference is the judgment of the Court of Cassation sitting as the Joint Chambers no. 26471 of October 1, 2025.
What to do right away
- If you are a creditor, gather the proof of your claim and the dates on which the assets left the debtor’s estate.
- Obtain, if you can, the deed or contract of the Trust.
- If you want to set up a Trust, have the purpose and the deed checked first.
Each situation must be assessed on the documents of the specific case: this indication is not a promise of outcome.
How Attorney Fiorentino can assist you
- Do not stop at the phrase “my assets are abroad”: first check with a lawyer what can be done in Italy.
- Keep the chronology in order: when the claim arose and when the assets were transferred.
- If you are planning your assets, write clearly why you are doing it: the purpose matters.
The Firm also works remotely, with documents sent online. The quote is written and arrives before the engagement. The offices are in Naples, Rome and Bari, by appointment.
Frequently asked questions
If the debtor has put his assets in a foreign trust, can I take action in Italy?
According to the article, yes: the Joint Chambers of the Court of Cassation (judgment no. 26471 of October 1, 2025) ruled out that the creditor is bound by the clause indicating the foreign judge.
Why doesn’t the clause apply against the creditor?
According to the article, because the creditor is an outsider who never signed the trust deed.
What is the revocatory action?
According to the article, it is the instrument provided by Art. 2901 of the Civil Code to make acts carried out to defraud creditors ineffective; it is a mandatory rule that cannot be circumvented with a foreign law.
Can a trust always be challenged?
According to the article, no: it is a legitimate instrument for family assets and generational transfer if built with worthy purposes, but it does not hold up if it serves only to avoid paying debts. Each case must be assessed on the documents.
Sources: Cass. SU no. 26471/2025 and Art. 2901 c.c. (Normattiva). Author: Attorney Renato Giuseppe Fiorentino, Naples Bar. Informational text, not a substitute for an opinion on your case. Drafted with the help of artificial intelligence tools and reviewed by the firm.
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Translated from the Italian original; updated on October 18, 2026.
(Read also): Legal guides from Studio Legale Fiorentino · Trust or holding? A simple guide to protecting and managing your assets · Joint account or foreign account: can it be attached and what does the other holder risk
Do you have a similar issue?
Every situation depends on the documents of the specific case. You can contact the firm from anywhere, remotely.