Trusts and Trustees Act (Cap. 331)
Trusts and Trustees Act (Cap. 331), article 17
17. (1) On the termination of a trust, the trust property shall
be distributed by the trustee within a reas onable time in accor dance
with the terms of the trust to the persons entitled thereto.
(2) Notwithstanding the provisions of subarticle (1), the trust ee
may require to be provided with reasonable security for liabili ties
whether existing, future, contingent or otherwise before
distributing trust property.
(3) Subject to the provisions of this article and notwith-
standing the terms of the trust, where all the beneficiaries ar e in
existence and have been ascertained and none of them is interdi cted
or a minor, they may require the trustee to terminate the trust and
distribute the trust property among them:
Provided that this sub-article shall not apply where the
terms of the trust provide that the interest of a beneficiary i s:
(a) liable to termination; or
(b) subject to a restriction on alienation or dealing; or
(c) subject to diminution or termination in the event of the
beneficiary becoming bankrupt, or insolvent, or any of
his property becoming liable to seizure for the benefit
of his creditors; or
(d) not liable to attachment under a garnishee order issued
against the trustee or to termination without the prior
consent of the Court, when the interest is expressed to be
for the maintenance of the b eneficiary or as a pension.
(4) The court may, on the termination of a trust, or at any othe r
time -
(a) require the trustee to distribute trust property; or
(b) direct the trustee not to dis tribute trust property; or
(c) make such other ord er as it thinks fit.
(5) In this article "liabilities" includes contingent liabilitie s.
(6) An application to the court under this article may be made
by any of the persons mentioned in article 37(3).
TRUSTEES
TRUSTS AND TRUSTEES [CAP. 331. 17
Appointment of
trustees.
Amended by:
XIV . 1989.3;
XIII. 2004.17;
VI. 2014.7, 9.
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.