Trusts and Trustees Act (Cap. 331)

Trusts and Trustees Act (Cap. 331), article 33

Official PDF on legislation.mt

33. (1) Subject to the provisions of subarticle (2), where a person (in this article referred to as a "constructive trustee" ) makes or receives any profit, gain or advantage from breach of trust he shall be deemed to be a trustee of that profit, gain or advanta ge; and the beneficiary of such trust shall be deemed to be the trust, or the beneficiary, or other person, to the detriment of whom or at th e expense of whom the profit, gain or advantage was made. (2) Subarticle (1) shall not apply to a person acquiring propert y under an onerous title in good faith. (3) A person who is or becomes a constructive trustee shall deliver up the property to or in favour of the beneficiaries th ereof. 28 CAP. 331.] TRUSTS AND TRUSTEES Position of outgoing trustee. Amended by: XX. 1994.4; XI. 2014.16.

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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.