Part 3Miscellaneous and general
Miscellaneous
I179Amendment of Requirements of Writing (Scotland) Act 1995
1
In section 7(7) of the Requirements of Writing (Scotland) Act 1995 (subscription and signing), after “partnerships,” insert “bodies of trustees,”
.
2
In schedule 2 of that Act (subscription and signing: special cases), after paragraph 2 insert—
2ATrusts
1
Except where an enactment or the trust deed expressly provides otherwise, where a granter of a document executed after the commencement of section 79 of the Trusts and Succession (Scotland) Act 2024 is a body of trustees, the document is signed by that body if it is signed on the body’s behalf either by a majority of the trustees or by a person (whether or not one of the trustees) authorised to sign the document on the body’s behalf.
2
Sub-paragraph (1) of this paragraph applies in relation to the signing of an alteration to a document as it applies in relation to the signing of a document.
3
In this paragraph, “trust” has the meaning assigned to that expression by section 81(1) of that Act of 2024.
I280Amendment of Confirmation of Executors (Scotland) Act 1858
After section 6 of the Confirmation of Executors (Scotland) Act 1858, insert—
6ARestrictions on appointment of executor dative
1
This section applies where a sheriff is in receipt of a petition for the appointment of a person (“P”) as an executor dative in respect of the estate of a deceased person (“D”).
2
The sheriff must refuse the petition if satisfied that P is a person falling within subsection (3).
3
A person falls within this subsection if that person—
a
is being prosecuted in Scotland for the murder or culpable homicide of D,
b
has been convicted, whether before or after the coming into force of this section, in Scotland of such an offence as regards D,
c
is being prosecuted in a jurisdiction outside Scotland for an offence which, in the opinion of the sheriff, is equivalent to the murder or culpable homicide of D, or
d
has been convicted, whether before or after the coming into force of this section, in a jurisdiction outside Scotland of such an offence as regards D.
4
For the purposes of subsection (3), a person is to be regarded as being prosecuted for an offence if—
a
a prosecutor has initiated proceedings against the person in respect of the offence, and
b
those proceedings have not been dismissed or resulted in the conviction or acquittal of the person in respect of the offence.
5
If, despite subsection (1) or any rule of law to the contrary, a person falling within subsection (3) is appointed as an executor dative in respect of D’s estate—
a
the person’s appointment as executor dative is not invalid by reason of the fact that the person falls within subsection (3), but
b
the appointment does not prevent the removal of that person from office following the making of an application under section 7 of the Trusts and Succession (Scotland) Act 2024 (as read with section 8 of that Act) on the ground that the person is unfit to carry out the duties of a trustee.
6
This section is without prejudice to any power of a sheriff to refuse a petition for the appointment of P in any case where—
a
P does not fall within subsection (3), but
b
P—
i
has acted (or is suspected of having acted) in a manner that caused or contributed to the death of D, or
ii
has otherwise been involved (or is suspected of having otherwise been involved) in the death of D.