TASIn ForceAct
Limitation Act 1974
24Limitation of actions in respect of trust properties
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### 24 Limitation of actions in respect of trust properties
> > (1) No period of limitation prescribed by this Act shall apply to an action by a beneficiary under a trust, being an action –
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> > > > (a) in respect of fraud or fraudulent breach of trust to which the trustee was a party or privy; or
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> > > > (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.
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> > (2) Subject to [subsection (1)](#GS24@Gs1@EN) , 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, shall not be brought after the expiration of 6 years from the date on which the right of action accrued.
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> > (3) For the purposes of [subsection (2)](#GS24@Gs2@EN) a 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 falls into possession.
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> > (4) No beneficiary 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.