Trusts and Trustees Act (Cap. 331)
Trusts and Trustees Act (Cap. 331), article 20
20. (1) Subject to the provisions of subarticle (2), a trustee
may resign as trustee by notice in writing to his co-trustee or co-
trustees and in the case of there being no other trustee, to th e
beneficiaries or, if impracticab le, to at least one beneficiary , or if
there are none to whom notice can be given, to the settlor or t o the
trustee’s duly appointed succe ssor and the resignation shall ta ke
effect on delivery of the aforesaid notice.
(2) A resignation -
(a) given in order to facilitate a b reach of trust; or
(b) which would result in there being no trustee,
shall have no effect:
Provided that a trustee may re sign office notwithstanding the
provisions of paragraph ( b), if, before the resignation takes effect,
application is made to the court for the appointment of a new
trustee and a new trust ee has been so appointed.
TRUSTS AND TRUSTEES [CAP. 331. 19
(3) A trustee shall cease to be a trustee immediately upon -
(a) the removal of the trustee by the court; or
(b) the coming into effect of a provision in the terms of a
trust under which the trustee is removed from office or
otherwise ceases to hold office; or
(c) steps are taken for the winding up of, or declaration of
bankruptcy, of the person acting as trustee.
(4) A trustee ceasing to be a trustee shall concur in executing
all documents necessary for the vesting of the trust property i n or
under the control of the new trustee and such obligation of the
person ceasing to be a trustee shall be capable of forced execu tion
by the court.
Duties of trustees.
Amended by:
XIV . 1989.4;
XX. 1994.4;
XIII. 2004.20;
XI. 2014.12.
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.