Part 1Trusts

Chapter 8Powers of the court

Miscellaneous powers

I173Completion of title by beneficiary

1

A beneficiary absolutely entitled to heritable or incorporeal moveable property, title to which has been taken in the name of a trustee who has died or become incapable without having executed a conveyance (or as the case may be an assignation) of the property, may apply to the court for authority to complete title to the property in the beneficiary’s own name.

2

The court may, on any such application, grant warrant for completing title to the property.

3

Any such warrant is effectual as a conveyance (or as the case may be as an assignation) of the property in favour of the beneficiary.

4

Reference in subsections (1) and (3) to a beneficiary includes reference to any person deriving right from a beneficiary.

5

This section applies irrespective of when the trust was created.