[Rev. 2012]
(ii)
Limitation of Actions
CAP. 22
where the property subject to the mortgage comprises any future
interest or life insurance policy and it is a term of the mortgage that
arrears of interest shall be treated as part of the principal sum of
money secured by the mortgage, interest does not become due before
the right to receive the principal sum of money has accrued.
(5) This section does not apply to a mortgage on a ship.
E – Actions in Respect of Trust Property or
Movable Property of a Deceased Person
20. Actions concerning trust property
(1) None of the periods of limitation prescribed by this Act apply to an action
by a beneficiary under a trust, which is an action—
(a) in respect of a 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 to subsection (1), 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 Act) may not be brought after
the end of six years from the date on which the right of action accrued:
Provided that the right of action does not accrue to a beneficiary entitled to a
future interest in the trust property, until the interest falls into possession.
(3) A beneficiary against whom there would be a good defence under this Act
may not derive a greater or other benefit from a judgment or order obtained by
another beneficiary than he could have obtained if he had brought the action and
this Act had been pleaded in defence.
21. Actions claiming movable property of deceased
Subject to section 20(1) of this Act, an action in respect of a claim to movable
property of a deceased person, whether under a will or on intestacy, may not be
brought after the end of twelve years from the date on which the cause of action
accrued, and an action to recover arrears of interest in respect of a legacy, or
damages in respect of such arrears, may not be brought after the end of six years
from the date on which the interest became due.
PART III – EXTENSION OF PERIODS OF LIMITATION
A – Disability
22. Extension of limitation period in case of disability
If, on the date when a right of action accrues for which a period of limitation
is prescribed by this Act, the person to whom it accrues is under a disability, the
action may be brought at any time before the end of six years from the date when
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