Trusts and Succession (Scotland) Act 2024

63 Views of persons under 18

(1) This section applies where the court is considering whether—

(a) to give, on behalf of a person who—

(i) has not attained the age of 18 years, and

(ii) is capable,

approval under section 59(5) to an arrangement, or

(b) to authorise, under section 62, an arrangement in a case where the alimentary beneficiary is a person mentioned in paragraph (a).

(2) Where the person has attained the age of 16 years but not that of 18 years, the court is to have regard to the person’s views in relation to the arrangement.

(3) Where the person has not attained the age of 16 years, the court is to—

(a) give the person an opportunity to express the person’s views in relation to the arrangement in—

(i) the manner that the person prefers, or

(ii) a manner that is suitable to the person if the person has not indicated a preference or it would not be reasonable in the circumstances to accommodate the person’s preference, and

(b) have regard to any views expressed by the person, taking into account the person’s age and maturity.

(4) But the court is not required to comply with subsection (3) if satisfied that the person is not able to form a view.

(5) For the purpose of subsection (4), the person is to be presumed to be able to form a view unless the contrary is shown.

(6) This section—

(a) applies irrespective of when the trust was created, but

(b) does not apply as respects a private purpose trust or a public trust.