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.