Section 32: Nature of trustee’s interest

32. Nature of trustee’s interest (1) Subject to subsection (2)— (a) the interest of a trustee or protector in the trust property is limited to that which is necessary for the proper performance of the trust; and (b) the trust property does not form part of the estate of the trustee or of the protector. (2) Where a trustee or a protector of a trust is also a beneficiary of the trust, subsection (1) does not apply to his interest as a beneficiary. (3) Where a trustee or a protector becomes bankrupt, or upon his property becoming liable to arrest, seizure, forfeiture, expropriation or similar [Issue 1] T22 – 18 Revised Laws of Mauritius process of law, his creditors shall have no recourse against the trust property except to the extent that the trustee or the protector himself has a claim against it or a beneficial interest in it.