Trusts and Succession (Scotland) Act 2024

Prospective

7Removal of trustee by courtS

(1)Where a trustee—

(a)is unfit to carry out the duties of a trustee,

(b)purports to carry out those duties but does so in a way which is inconsistent with, or might be inconsistent with, a trustee’s fiduciary duty,

(c)has neglected the trustee’s duties as trustee,

(d)is incapable, or

(e)is untraceable,

the court may, on the application of one or more of the other trustees, of a beneficiary or of any other person with an interest in the trust property, remove the trustee from office.

(2)The court ceases to have power at common law to remove a trustee.

(3)This section applies irrespective of when the trust was created.

Commencement Information

I1S. 7 not in force at Royal Assent, see s. 88(3)