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