Trusts and Trustees Act (Cap. 331)

Trusts and Trustees Act (Cap. 331), article 40A

Official PDF on legislation.mt

40A. (1) Without prejudice to the personal liability of a trustee, trust property which has been a lienated or dealt with in breach of trust, or the property into which it has been converted, may be followed and recovered unless it is in the hands of a bona fide purchaser for value without notice of the breach of trust: Provided that an alienation of immovable property by the trustee as provided by article 958A of the Civil Code shall not give rise to the rights provided in this article in favour of any pe rson claiming a right of legitim. (2) Where a trustee becomes bankrupt, or insolvent, or upon his property becoming liable to sei zure or similar process of law, his creditors shall have no right or claim against the trust proper ty except to the extent that the tru stee himself has a claim again st the trust. (3) The court may make an order o r directive as it deems fit in the circumstances of the case upon an application made under th is article by any beneficiary or c reditor as the case may be. Limitation of action. Amended by: XI. 2014.7, 18.

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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.