Trusts and Trustees Act (Cap. 331)
Trusts and Trustees Act (Cap. 331), article 34
34. (1) A trustee who resigns or is removed or otherwise
ceases to be a trustee shall duly surrender trust property in his
possession or control.
(2) A trustee who resigns or is removed or otherwise ceases to
be a trustee and has complied with the requirements of subarticle
(1) shall be released from liability to any beneficiary, trustee or
person interested under the trust for any act or omission in relation
to the trust property or his duty as a trustee, except in respect of
actions arising from breach of trust to which such trustee was a
party or to which he was privy.
(3) A trustee who resigns or is removed or otherwise ceases to
be a trustee shall continue to be liable to any beneficiary, trustee or
person interested under the trust for the recovery from such trustee
of trust property or the proceeds of trust property in the possession
o f t h e t r u s t e e o r c o n v e r t e d t o t h e t r u s t e e ’s o w n u s e o r n o t
surrendered as required by subarticle (1).
(4) The new trustee shall be entitled to be indemnified out of the
trust property in respect of any claims against the outgoing trustee,
except in respect of actions arising from breach of trust.
MISCELLANEOUS PROVISIONS REGARDING TRUSTS
Class interest.
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.