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The Limitation (Northern Ireland) Order 1989


This is the original version (as it was originally made).

Exclusion of actions against trustees in cases of fraud or retention of trust property

43.—(1) No time limit fixed by this Order applies to an action against a trustee, or any person claiming through him, where—

(a)the claim is founded on any fraud or fraudulent breach of trust to which the trustee was party or privy; or

(b)the claim is to recover trust property or the proceeds thereof still retained by the trustee or previously received by the trustee and converted to his own use.

(2) Where a trustee who is also a beneficiary under the trust receives or retains trust property or its proceeds as his share on a distribution of trust property under the trust, his liability in any action brought by virtue of paragraph (1)(b) to recover that property or its proceeds after the expiration of the time limit fixed by this Order for bringing an action to recover trust property is limited to the excess over his proper share.

(3) Paragraph (2) only applies if the trustee acted honestly and reasonably in making the distribution.

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