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Cap. 331 · Trusts And Trustees Act (Cap. 331)

Cap. 331 ст. 41Limitation of action.

ДействуетОфициальный текст

(1) An action brought against a trustee -

(a) in respect of any fraud to which 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 previously 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 breach of trust after the lapse 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 minor 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 if a judicial act or demand is filed in the competent court and served on the trustee before the expiration of the said period. REGULATION OF TRUSTEES