Trusts and Trustees Act (Cap. 331)

Trusts and Trustees Act (Cap. 331), article 17

Official PDF on legislation.mt

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.

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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.