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

Trusts and Succession (Scotland) Act 2024

2024 asp 2

An Act of the Scottish Parliament to make further provision as regards trusts; to make provision about the effect of divorce, dissolution or annulment on a special destination and about the rights of succession to an intestate estate; and for connected purposes.