CAP. 347]
Limitation
[1986 Ed.
Limitation of actions in respect of trust property. 1939 c. 21, s. 19.
Limitation of actions claiming personal estate of a deceased person.
1939 c. 21, s. 20.
Actions in respect of trust property or the personal estate of deceased persons
20. (1) No period of limitation prescribed by this Ordinance shall apply to an action by a beneficiary under a trust, being an action-
(a) in respect of any fraud or fraudulent breach of trust to which the trustee was a party or privy; or
(b) to recover from the trustee trust property or the proceeds thereof in the possession of the trustee, or previously received by the trustee and converted to his use.
(2) Subject as aforesaid, an action by a beneficiary to recover trust property or in respect of any breach of trust, not being an action for which a period of limitation is prescribed by any other provision of this Ordinance, shall not be brought after the expiration of 6 years from the date on which the right of action accrued:
Provided that the right of action shall not be deemed to have accrued to any beneficiary entitled to a future interest in the trust property, until the interest fell into possession.
(3) No beneficiary as against whom there would be a good defence under this Ordinance shall derive any greater or other benefit from a judgment or order obtained by any other beneficiary than he could have obtained if he had brought the action and this Ordinance had been pleaded in defence.
21. Subject to the provisions of section 20(1), no action in respect of any claim to the personal estate of a deceased person or to any share or interest in such estate, whether under a will or on intestacy, shall be brought after the expiration of 12 years from the date when the right to receive the share or interest accrued, and no action to recover arrears of interest in respect of any legacy, or damages in respect of such arrears, shall be brought after the expiration of 6 years from the date on which the interest became due.
Extension of limitation period in case of disability.
1939 c. 21, ss. 22 & 31(2) & (3); 1954 c. 36, s. 2(2).
PART III
EXTENSION OF LIMITATION PERIODS IN CERTAIN CASES
Disability
22. (1) If on the date when any right of action accrued for which a period of limitation is prescribed by this Ordinance, the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of 6 years from the date when the person ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period of limitation had expired:
12
CAP. 347]
Limitation
[1986 Ed.
Limitation of
actions in respect of trust property. 1939 c. 21, s. 19.
Limitation of actions claiming personal estate of a deceased
person.
1939 c. 21, s. 20.
Actions in respect of trust property or the personal
estate of deceased persons
20. (1) No period of limitation prescribed by this Ordinance shall apply to an action by a beneficiary under a trust, being an action-
j.
(a) in respect of any fraud or fraudulent breach of trust to
which the trustee was a party or privy; or
(b) to recover from the trustee trust property or the proceeds thereof in the possession of the trustee, or previously received by the trustee and converted to his use.
(2) Subject as aforesaid, an action by a beneficiary to recover trust property or in respect of any breach of trust, not being an action for which a period of limitation is prescribed by any other provision of this Ordinance, shall not be brought after the expiration of 6 years from the date on which the right of action accrued:
Provided that the right of action shall not be deemed to have accrued to any beneficiary entitled to a future interest in the trust property, until the interest fell into possession.
(3) No beneficiary as against whom there would be a good defence under this Ordinance shall derive any greater or other benefit from a judgment or order obtained by any other beneficiary than he could have obtained if he had brought the action and this Ordinance had been pleaded in defence.
21. Subject to the provisions of section 20(1), no action in respect of any claim to the personal estate of a deceased person or to any share or interest in such estate, whether under a will or on intestacy, shall be brought after the expiration of 12 years from the date when the right to receive the share or interest accrued, and no action to recover arrears of interest in respect of any legacy, or damages in respect of such arrears, shall be brought after the expira- tion of 6 years from the date on which the interest became due.
Extension of limitation period in case of disability.
1939 c. 21, ss. 22 &
31(2) & (3); 1954 c. 36,
s. 2(2).
PART III
EXTENSION OF LIMITATION PERIODS IN CERTAIN CASES
Disability
22. (1) If on the date when any right of action accrued for which a period of limitation is prescribed by this Ordinance, the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of 6 years from the date when the person ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period of limitation had expired:
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