Part 1Trusts

Chapter 1Appointment, assumption, resignation, removal and discharge of trustees

Resignation and removal

I18Removal of certain trustees by court: unfitness

1

For the purposes of section 7(1)(a), a trustee to whom subsection (2) applies is to be regarded as unfit to carry out the duties of a trustee (and so may be removed from office).

2

This subsection applies to any trustee—

a

who is—

i

an executor nominate of a testator (“T”),

ii

a trustee of a trust established by T under a testamentary writing, or

iii

an executor dative appointed in respect of the estate of a deceased person (“D”), and

b

who—

i

is being prosecuted in Scotland for the murder or culpable homicide of T or, as the case may be, D,

ii

has been convicted, whether before or after the coming into force of this section, in Scotland of such an offence as regards T or, as the case may be, D,

iii

is being prosecuted in a jurisdiction outside Scotland for an offence which, in the opinion of the court, is equivalent to the murder or culpable homicide of T or, as the case may be, D, or

iv

has been convicted, whether before or after the coming into force of this section, in a jurisdiction outside Scotland of such an offence as regards T or, as the case may be, D.

3

For the purposes of subsection (2)(b), a trustee is to be regarded as being prosecuted for an offence if—

a

a prosecutor has initiated proceedings against the trustee in respect of the offence, and

b

those proceedings have not been dismissed or resulted in the conviction or acquittal of the trustee in respect of the offence.

4

This section is without prejudice to any power of the court to find that a trustee to whom subsection (2)(a) applies (but to whom subsection (2)(b) does not apply) is unfit to carry out the duties of a trustee as a result of—

a

having acted (or being suspected of having acted) in a manner that caused or contributed to the death of T or, as the case may be, D, or

b

having otherwise been involved (or being suspected of having otherwise been involved) in the death of T or, as the case may be, D.