Cap. 55 · Notarial Profession And Notarial Archives (Cap. 55)
Cap. 55 Art. 68AAccessibility of deeds of trust.
TITLE II
(1) All deeds of trusts done by notarial deed in terms of article 43A of the Trusts and Trustees Act, except any act of settlement under trust or unilateral declaration of a trust of immovable property or real rights over such property, and any vesting or divesting of a trustee in respect of such property or rights, shall not be accessible to any person other than the settlor, the trustee or such other person as may be permitted access by the terms of the trusts, the applicable law or under authority of any court.
(2) The same rules shall apply to all other documents relative to a trust held by the depository notary in terms of the said Act.
(3) In the case of a testamentary trust, the provisions of this Act which apply to wills shall apply mutatis mutandis; however, the provisions of this article shall not apply to all documents subsequently filed with the depository notary in accordance with article 43A of the Trusts and Trustees Act.
(4) For the better carrying out of its functions under the Trusts and Trustees Act, the Authority, as defined in the said Act, shall have the right and power to demand information from any depository notary relating to any trust documents in his possession and in such a case the depositary shall provide such information and documents as may be requested notwithstanding any duty of professional secrecy.