Statute of Limitations, 1957
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Limitation of actions against trustees. |
43.—(1) (a) Subject to section 44 of this Act, an action to recover money or other property or in respect of any breach of trust, not being an action for which a period of limitation is fixed by any other provision of this Act, shall not be brought against a trustee or any person claiming through him after the expiration of six years from the date on which the right of action accrued. | |
(b) For the purposes of paragraph (a) of this subsection, a right of action shall be deemed not to have accrued to a beneficiary entitled to a future interest in trust property until the interest falls into possession. | ||
(2) No beneficiary, as against whom there would be a good defence by virtue of this section, shall derive any greater or other benefit from a judgment or order obtained by another beneficiary than he could have obtained if he brought the action and this Act had been pleaded in defence. |