LIMITATION OF ACTIONS ACT 1936 - SECT 32
LIMITATION OF ACTIONS ACT 1936 - SECT 32
32—Further provisions as to application of Act to trusts
(1) In any action or
other proceeding against a trustee or any person claiming through him, except
where the claim is founded on any fraud or fraudulent breach of trust to which
the trustee was party or privy, or is to recover trust property, or the
proceeds thereof still retained by the trustee, or previously received by the
trustee and converted to his use, the following provisions shall apply:
(a) All
rights and privileges conferred by this Act shall be enjoyed in the like
manner and to the like extent as they would have been enjoyed in the action or
other proceeding if the trustee or person claiming through him had not been a
trustee or person claiming through him;
(b) If
the action or other proceeding is brought to recover money or other property,
and is one to which no other provision of this Act applies, the trustee or
person claiming through him shall be entitled to the benefit of and be at
liberty to plead lapse of time as a bar to the action or other proceeding, in
the like manner and to the like extent as if the action or other proceeding
had been an action for money had and received; and that so this Act shall not
begin to run against any beneficiary unless and until the interest of such
beneficiary is an interest in 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 had brought the action
or other proceedings in which the judgment or order was obtained and this
section had been pleaded.
(3) This section shall
apply only to actions or other proceedings begun after the twenty-third of
December, 1893, and shall not deprive any executor or administrator of any
right or defence to which he was then entitled under any then existing statute
of limitations.