Trusts and Succession (Scotland) Act 2024 (asp 2)

Prospective

Part 1 S Trusts

Chapter 3 S Powers and duties of trustees

Apportionment S

25 Exercise of power to apportion between or among beneficiaries S

(1) Except in so far as the trust deed, expressly or by implication, provides otherwise, no exercise by a trustee of a power to apportion funds or other property between or among certain beneficiaries is invalid on the ground only that—

(a) an insubstantial, illusory or nominal part is apportioned to (or left to devolve unapportioned upon) one of the beneficiaries, or

(b) one of the beneficiaries is not apportioned a part.

(2) But subsection (1) is without prejudice to the grounds on which the court may grant a remedy under section 68.

(3) This section applies irrespective of when the trust was created.

Commencement Information

I1 S. 25 not in force at Royal Assent, see s. 88(3)