Bermuda civil and statutory proceedings
When does Bermuda breach of trust have a six-year limit?
Ordinarily six years only within section 23(3). Establish and commence the correctly classified action within its applicable statutory period. Specified fraud involving the trustee and recovery of retained or converted trust property have no prescribed period under section 23(1). Another provision can assign a different limit.
- Period
- Ordinarily six years only within section 23(3)
- Trigger
- Accrual under the correctly classified section 23 branch
- Rule
- Limitation Act 1984 (1984:54), section 23(1) and (3)
Limitation Act 1984 (1984:54), section 23(1) and (3). Official consolidated body retrieved October 10, 2026. Bermuda Laws Online states laws amended through August 11, 2026.
Source guide · No automated date
Check the applicable procedure
Specified fraud involving the trustee and recovery of retained or converted trust property have no prescribed period under section 23(1). Another provision can assign a different limit. Establish accrual under the correctly classified section 23 branch and the actual completion required to establish and commence the correctly classified action within its applicable statutory period.
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When does Bermuda breach of trust have a six-year limit?
Ordinarily six years only within section 23(3). Establish and commence the correctly classified action within its applicable statutory period. Specified fraud involving the trustee and recovery of retained or converted trust property have no prescribed period under section 23(1). Another provision can assign a different limit.
Responsible actor. Beneficiary pursuing a trust-property or breach-of-trust action.
Accrual under the correctly classified section 23 branch.
Specified fraud involving the trustee and recovery of retained or converted trust property have no prescribed period under section 23(1). Another provision can assign a different limit.
Specified fraud involving the trustee and recovery of retained or converted trust property have no prescribed period under section 23(1). Another provision can assign a different limit.
Limitation Act 1984 (1984:54), section 23(1) and (3)How does this provision count time?
- Establish accrual under the correctly classified section 23 branch.
- Establish and commence the correctly classified action within its applicable statutory period.
- Classify the trustee conduct and remedy first. A future beneficiary’s paragraph (3) right does not accrue before the interest falls into possession.
- The action may fall outside prescribed limitation altogether. Classify fraud and retained property before applying any six-year court-completion calendar.
Classify the trustee conduct and remedy first. A future beneficiary’s paragraph (3) right does not accrue before the interest falls into possession.
The action may fall outside prescribed limitation altogether. Classify fraud and retained property before applying any six-year court-completion calendar.
Limitation Act 1984 (1984:54), section 23(1) and (3)Which facts prevent one automatic date?
Specified fraud involving the trustee and recovery of retained or converted trust property have no prescribed period under section 23(1). Another provision can assign a different limit. Establish accrual under the correctly classified section 23 branch and the actual completion required to establish and commence the correctly classified action within its applicable statutory period.
Beneficiary pursuing a trust-property or breach-of-trust action establishes accrual under the correctly classified section 23 branch. Classify the trustee conduct and remedy first. A future beneficiary’s paragraph (3) right does not accrue before the interest falls into possession. Ordinarily six years only within section 23(3). Establish and commence the correctly classified action within its applicable statutory period. Establish actual completion before calculating a final date.
A proposed boundary intersects a closure or holiday while the party seeks to establish and commence the correctly classified action within its applicable statutory period. The action may fall outside prescribed limitation altogether. Classify fraud and retained property before applying any six-year court-completion calendar. Establish the applicable computation and completion rule. No assumed carried date is supplied.
The trustee retained trust property or participated in a fraudulent breach. Specified fraud involving the trustee and recovery of retained or converted trust property have no prescribed period under section 23(1). Another provision can assign a different limit. Resolve the changed source branch and required act. The nominal period alone does not establish this scenario.
Which conditions and exceptions apply?
- Actual procedure and branch
- Specified fraud involving the trustee and recovery of retained or converted trust property have no prescribed period under section 23(1). Another provision can assign a different limit.
- Count and complete the actual act
- Classify the trustee conduct and remedy first. A future beneficiary’s paragraph (3) right does not accrue before the interest falls into possession. The action may fall outside prescribed limitation altogether. Classify fraud and retained property before applying any six-year court-completion calendar.
- Actor and required completion
- Beneficiary pursuing a trust-property or breach-of-trust action. Establish and commence the correctly classified action within its applicable statutory period.
- Specified fraud involving the trustee and recovery of retained or converted trust property have no prescribed period under section 23(1). Another provision can assign a different limit.
- Beneficiary pursuing a trust-property or breach-of-trust action. Accrual under the correctly classified section 23 branch. Establish and commence the correctly classified action within its applicable statutory period. Specified fraud involving the trustee and recovery of retained or converted trust property have no prescribed period under section 23(1). Another provision can assign a different limit.
What must the responsible actor complete?
Questions about this procedure
When does Bermuda breach of trust have a six-year limit?
Does every trust claim expire after six years?
No. Section 23(1) excludes specified actions from prescribed limitation.
Limitation Act 1984 (1984:54), section 23(1) and (3)What fraud branch is excluded?
Fraud or fraudulent breach to which the trustee was party or privy.
Limitation Act 1984 (1984:54), section 23(1) and (3)What property recovery is excluded?
Recovery of trust property or proceeds retained by the trustee or previously received and converted to the trustee’s use.
Limitation Act 1984 (1984:54), section 23(1) and (3)When does a future beneficiary’s right accrue?
For subsection (3), not before the interest falls into possession.
Limitation Act 1984 (1984:54), section 23(1) and (3)What if another Act provision prescribes a period?
Section 23(3) excludes that action from its residual six-year branch.
Limitation Act 1984 (1984:54), section 23(1) and (3)Can honest distribution to a trustee-beneficiary matter?
Section 23(2) limits liability to the excess over the proper share within its stated conditions.
Limitation Act 1984 (1984:54), section 23(1) and (3)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Limitation Act 1984 (1984:54), section 23(1) and (3) | Check the identified procedure, event, counting rule or qualification |
| Sections 2, 3 and 29–34; applicable exclusions and special provisions | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act 1951, applicable interpretation and time provisions | Check the identified procedure, event, counting rule or qualification |