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Trusts and Succession (Scotland) Act 2024

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This is the original version (as it was originally enacted).

73Completion 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.

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