Trusts and Trustees Act (Cap. 331)
Trusts and Trustees Act (Cap. 331), article 32
32. (1) Where in any transaction or matter affecting a trust a
trustee informs a third party th at he is acting as trustee, a c laim by
such third party in relation thereto shall extend only to the t rust
property.
( 2 ) W h e r e i n a n y s u c h t r a n s a c t i o n o r m a t t e r a t r u s t e e f a i l s t o
inform a third party that he is acting as trustee, and that par ty is
otherwise unaware of it, the trustee -
(a) shall be personally liable to such third party in respect
thereof; and
(b) shall have a right of recourse to the trust property by
way of indemnity against such liability, unless the
trustee acted in breach of trust.
(3) In this article "third party" means any person not being a
settlor, a trustee or a b eneficiary of the trust.
Constructive
trustees.
Amended by:
XI. 2014.7.
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.