Trusts and Succession (Scotland) Act 2024
Trusts and Succession (Scotland) Act 2024 (2024 asp 2)
- Trusts and Succession (Scotland) Act 2024 (2024 asp 2)
- Part 1 Trusts
- Chapter 1 Appointment, assumption, resignation, removal and discharge of trustees
- Appointment or assumption
- 1 Appointment of additional or new trustee by court: general
- 2 Appointment of new trustee by truster
- 3 Assumption of additional trustee
- 4 Operation of appointment or assumption as general conveyance of trust property
- Resignation and removal
- 5 Resignation of trustee
- 6 Resignation of incapable trustee
- 7 Removal of trustee by court
- 8 Removal of certain trustees by court: unfitness
- 9 Removal of trustee by co-trustees
- 10 Removal of trustee by beneficiaries
- Saving as respects liability of trustees
- 11 Saving as respects liability of trustees
- Discharge
- 12 Discharge where trustee has resigned, died or been removed from office
- Chapter 2 Decision-making by trustees
- 13 Decisions: preliminary
- 14 Making of decision
- Chapter 3 Powers and duties of trustees
- Powers: general
- 15 General powers of trustees
- 16 Conferring of additional powers by court
- 17 Power to take out insurance
- Investment
- 18 Power of investment
- 19 Exercise of power of investment
- 20 Exercise of power of investment: further provision
- Sale of property
- 21 Charitable trusts: sale of property
- Delegation and the appointment of agents and nominees
- 22 Delegation and the appointment of agents
- 23 Appointment of nominees
- Power of advancement
- 24 Power to advance from capital
- Apportionment
- 25 Exercise of power to apportion between or among beneficiaries
- 26 Time apportionment
- 27 Apportionment: disapplication of certain rules
- Payments from income
- 28 Power to make payments etc. from income
- Duty to provide information
- 29 Trustees’ duty to provide information other than on request
- 30 Trustees’ duty to provide information on request
- Trustees’ duty of care etc.
- 31 Trustees’ duty of care etc.
- Breach of duty etc.
- 32 Breach of fiduciary duty at instigation or request of beneficiary or with consent of beneficiary
- 33 Order relieving trustee of consequences of actings which are ultra vires
- 34 Provision purporting to limit liability for, or indemnify for, breach of fiduciary duty
- 35 Order relieving trustee of consequences of entering into a transaction in breach of fiduciary duty
- Personal liability of trustees
- 36 Trustees’ personal liability for beneficiary’s loss
- 37 Errors in distribution: circumstances in which trustee not personally liable
- Chapter 4 Contractual rights, damages and the validity of certain transactions and documents
- Contractual rights
- 38 Contractual rights
- Damages
- 39 Damages for loss resulting from trustee’s act or omission in ordinary course of administration
- 40 Bringing of action for damages for loss resulting from trustee’s act or omission in ordinary course of administration
- 41 Delictual liability: trustee’s right of relief against other trustees
- 42 Trustees’ liability in relation to certain obligations
- Validity of certain transactions and documents
- 43 Validity of certain transactions entered into by trustees
- 44 Validity of certain deeds and other documents bearing to be executed by trustees
- Chapter 5 Duration of trust
- 45 Abolition of restrictions on accumulation and on creation of future interests
- Chapter 6 Private purpose trusts
- Private purpose trusts: general
- 46 Private purpose trusts: general
- Applications to the court
- 47 Application for order requiring fulfilment of purpose of private purpose trust
- 48 Application to reform trust
- Supervisors
- 49 Appointment of supervisor
- 50 Rights and remedies of supervisor
- 51 Application to supervisors of certain provisions relating to removal from office and to decision making
- 52 Resignation of supervisor
- Chapter 7 Protectors
- 53 Protectors
- 54 Appointment of new protector
- 55 Application to protectors of certain provisions relating to removal from office and to decision making
- 56 Resignation of protector
- 57 Liability for compliance with protector’s direction
- Chapter 8 Powers of the court
- Variation and termination of private trusts
- 58 Arrangements to vary or terminate a trust etc.
- 59 Agreement or approval for purposes of section 58(2)
- 60 Giving of approval by court
- 61 Interests of negligible value
- 62 Arrangements to vary or revoke alimentary purposes
- 63 Views of persons under 18
- 64 No requirement for agreement of truster
- Alteration of trust purposes
- 65 Alteration of trust purposes on material change in circumstances
- Powers in relation to ex officio trustees
- 66 Appointment by the court of a trustee to take the place of an ex officio trustee
- 67 Office supplying ex officio trustee
- Application in respect of defective exercise of fiduciary power etc.
- 68 Application in respect of defective exercise of fiduciary power etc.
- Directions relating to trust matters and the estates of deceased persons
- 69 Applications in relation to trusts and to the estates of deceased persons
- Expenses
- 70 Expenses of litigation
- 71 Expenses of application
- Miscellaneous powers
- 72 Authorisation to make payments on basis that an event has or has not occurred or will or will not occur
- 73 Completion of title by beneficiary
- 74 Warrant to vest corporeal moveable property in beneficiary where trustee has died or become incapable
- 75 Superintendence order as to investment and distribution of trust property
- Part 2 Succession
- Effect of divorce, dissolution or annulment on special destination
- 76 Effect of divorce, dissolution or annulment on special destination
- Rights of succession to intestate estate
- 77 Rights of succession to intestate estate
- 78 Application to court by survivor for provision on intestacy
- Part 3 Miscellaneous and general
- Miscellaneous
- 79 Amendment of Requirements of Writing (Scotland) Act 1995
- 80 Amendment of Confirmation of Executors (Scotland) Act 1858
- General
- 81 Interpretation
- 82 Power to amend jurisdiction in relation to trusts
- 83 Meaning of incapable and related expressions
- 84 Persons who are untraceable
- 85 Modification of enactments
- 86 Ancillary provision
- 87 Repeals
- 88 Commencement
- 89 Short title
- Schedule 1 Modification of enactments
- Titles to Land Consolidation (Scotland) Act 1868
- Judicial Factors (Scotland) Act 1880
- National Parks and Access to the Countryside Act 1949
- Historic Buildings and Ancient Monuments Act 1953
- Town and Country Planning (Scotland) Act 1959
- Trusts (Scotland) Act 1961
- Trustee Investments Act 1961
- Land Compensation (Scotland) Act 1963
- Countryside (Scotland) Act 1967
- Agriculture Act 1970
- Prescription and Limitation (Scotland) Act 1973
- National Health Service (Scotland) Act 1978
- Ancient Monuments and Archaeological Areas Act 1979
- Married Women’s Policies of Assurance (Scotland) (Amendment) Act 1980
- Civil Jurisdiction and Judgments Act 1982
- Coal Mining Subsidence Act 1991
- Age of Legal Capacity (Scotland) Act 1991
- Children (Scotland) Act 1995
- National Parks (Scotland) Act 2000
- Christmas Day and New Year’s Day Trading (Scotland) Act 2007
- Public Appointments and Public Bodies etc. (Scotland) Act 2003
- Charities and Trustee Investment (Scotland) Act 2005
- Schedule 2 Repeals
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