Trusts and Trustees Act (Cap. 331)
Trusts and Trustees Act (Cap. 331), article 16
16. (1) Subject to the terms of a trust and to any order of the
court, where a trust terminates due to -
(a) a lapse of an inter est under a trust; or
(b) there being no beneficiary and no person who can
become a beneficiary in accordance with the terms of
the trust,
the interest of the property aff ected by such lapse, or lack of
beneficiary, shall be held by the trustee in trust for the sett lor
absolutely or, if he is deceased, for his heirs.
(2) Where an interest or property is held by a trustee for a
charitable purpose which has ceased to exist or is no longer
16 CAP. 331.] TRUSTS AND TRUSTEES
applicable, that interest or pro perty shall be held for such ch aritable
purposes as the court may declar e to be consistent with the ori ginal
intention of the settlor, or as the court may otherwise determi ne.
(3) In this article "settlor" means the particular person who
provided the interest or property affected as mentioned in
subarticle (1).
(4) An application to the court under this article may be made
by any of the persons mentioned in article 37(3).
Termination of a
trust.
Amended by:
XX. 1994.4;
XI. 2014.7, 8.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.