Trusts and Trustees Act (Cap. 331)
Trusts and Trustees Act (Cap. 331), article 41
41. (1) An action brought against a trustee -
(a) in respect of any fraud to w hich the trustee was a party
or to which he was privy; or
(b) for the recovery from the trustee of trust property in
his possession or control or p reviously received by the
trustee and converted to his use,
shall not be barred by prescription.
(2) Without prejudice to the provisions of subarticle (1), no
action may be brought against a trustee by a beneficiary for br each
of trust after the lap se of three years -
(a) commencing from the date of the delivery of the final
accounts of the trust to the beneficiary; or
(b) commencing from the date on which the beneficiary
first had knowledge of the occurrence of the breach of
trust,
whichever is the earlier date.
(3) Where the beneficiary is a mi nor the periods referred to in
this article shall not begin to run until the day on which the
beneficiary ceases to be a minor.
(4) The periods mentioned in this article shall be interrupted i f
a judicial act or demand is filed in the competent court and se rved
on the trustee before the expiration of the said period.
34 CAP. 331.] TRUSTS AND TRUSTEES
Added by:
XIII. 2004.29.
REGULATION OF TRUSTEES
Trustees.
Amended by:
XX. 1994.4.
Substituted by:
XIII. 2004.29.
Amended by:
XI. 2014.19.
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.