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Limitation Act 1985
27Fraud and conversion—trust property
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27 Fraud and conversion—trust property
(1) An action on a cause of action—
(a) in relation to fraud or a fraudulent breach of trust, against a
person who is, while a trustee, a party or privy to the fraud or
the breach of trust or against his or her successor; or
(b) for a remedy for the conversion to a person’s own use of trust
property received by him or her while a trustee, against that
person or against his or her successor; or
(c) to recover trust property, or property into which trust property
can be traced, against a trustee or against any other person; or
(d) to recover money on account of a wrongful distribution of trust
property, against the person to whom the property is distributed
or against his or her successor;
is not maintainable by a trustee of the trust or by a beneficiary under
the trust or by a person claiming through a beneficiary under the trust
if brought after the end of the only or later to end of such of the
following limitation periods as is or are applicable:
(e) a limitation period of 12 years running from the date when the
plaintiff, or a person through whom he or she claims, first
discovers or may with reasonable diligence discover the facts
giving rise to the cause of action and that the cause of action has
accrued;
(f) the limitation period for the cause of action fixed by or under
any provision of this Act other than this section.
(2) Except for fraud or a fraudulent breach of trust, and except so far as
concerns income converted by a trustee to his or her own use or
income retained and still held by the trustee or his or her successor at
the time the action is brought, this section does not apply to an action
on a cause of action to recover arrears of income.