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Trusts and Succession (Scotland) Act 2024
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74Warrant to vest corporeal moveable property in beneficiary where trustee has died or become incapable
(1)This section applies where—
(a)a trustee has died or become incapable vested in corporeal moveable property to which a beneficiary is absolutely entitled, but
(b)delivery of the property to, or possession of the property by, the beneficiary is required for the property to vest in the beneficiary.
(2)The court may, on the application of the beneficiary, grant warrant for the property to vest in the beneficiary.
(3)Any such warrant is effectual to vest the property in the beneficiary, as at the date of the warrant, as if the beneficiary had taken delivery or possession of the property on that date.
(4)Reference in subsections (1) to (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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