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.