For statutory trusts

The extent of the exclusion must be measured.

Concerning statutory trusts, the Regulation should apply to their validity. This is at least suggested by recital 13 in the Preamble.[1]

But there will only be such trusts if the law applicable to the succession is that of a common law State that requires such a trust to be set up for the benefit of the heirs on completing the settlement of the succession.

Such trusts are included in the devolution process.