Limitation Act 1953 · Updated to 1 Sep 2019 · Part II
22. Limitation of actions in respect of trust property
Feedback & supportNo period of limitation prescribed by this Act shall apply to an action by a beneficiary under a trust, being an action—
in respect of any fraud or fraudulent breach of trust to which the trustee was a party or privy; or
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.
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
trust
“trust” and “trustee” have the same meanings respectively as in the Trustee Act 1949;
Act, shall not be brought after the expiration of six 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.
24 Laws of Malaysia ACT 254
No beneficiary as against whom there would be a good defence under this Act 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 Act had been pleaded in defence.