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