What is the limitation period for a claim for breach of trust by a beneficiary under section 21(3) of the Limitation Act 1980?

Answer and explanation

Correct answer: D. Six years, though there is no limit for fraud or for recovering trust property in the trustee's hands

  1. Step 1: Section 21 contains the special limitation rules for trusts.
  2. Step 2: The period for a beneficiary with a future interest does not run until the interest falls into possession.
Answer
Six years, though there is no limit for fraud or for recovering trust property in the trustee's hands.
Why not the others: Three years applies to personal injury; twelve years applies to land; there are time limits for ordinary breaches.

Practise more Trusts: creation, administration and breach.

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