Trusts and Succession (Scotland) Act 2024

1. Introductory Text

2. Part 1 Trusts

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

      1. Appointment or assumption

         1. 1. Appointment of additional or new trustee by court: general

         2. 2. Appointment of new trustee by truster

         3. 3. Assumption of additional trustee

         4. 4. Operation of appointment or assumption as general conveyance of trust property

      2. Resignation and removal

         1. 5. Resignation of trustee

         2. 6. Resignation of incapable trustee

         3. 7. Removal of trustee by court

         4. 8. Removal of certain trustees by court: unfitness

         5. 9. Removal of trustee by co-trustees

         6. 10. Removal of trustee by beneficiaries

      3. Saving as respects liability of trustees

         1. 11. Saving as respects liability of trustees

      4. Discharge

         1. 12. Discharge where trustee has resigned, died or been removed from office

   2. Chapter 2 Decision-making by trustees

      1. 13. Decisions: preliminary

      2. 14. Making of decision

   3. Chapter 3 Powers and duties of trustees

      1. Powers: general

         1. 15. General powers of trustees

         2. 16. Conferring of additional powers by court

         3. 17. Power to take out insurance

      2. Investment

         1. 18. Power of investment

         2. 19. Exercise of power of investment

         3. 20. Exercise of power of investment: further provision

      3. Sale of property

         1. 21. Charitable trusts: sale of property

      4. Delegation and the appointment of agents and nominees

         1. 22. Delegation and the appointment of agents

         2. 23. Appointment of nominees

      5. Power of advancement

         1. 24. Power to advance from capital

      6. Apportionment

         1. 25. Exercise of power to apportion between or among beneficiaries

         2. 26. Time apportionment

         3. 27. Apportionment: disapplication of certain rules

      7. Payments from income

         1. 28. Power to make payments etc. from income

      8. Duty to provide information

         1. 29. Trustees’ duty to provide information other than on request

         2. 30. Trustees’ duty to provide information on request

      9. Trustees’ duty of care etc.

         1. 31. Trustees’ duty of care etc.

      10. Breach of duty etc.

          1. 32. Breach of fiduciary duty at instigation or request of beneficiary or with consent of beneficiary

          2. 33. Order relieving trustee of consequences of actings which are ultra vires

          3. 34. Provision purporting to limit liability for, or indemnify for, breach of fiduciary duty

          4. 35. Order relieving trustee of consequences of entering into a transaction in breach of fiduciary duty

      11. Personal liability of trustees

          1. 36. Trustees’ personal liability for beneficiary’s loss

          2. 37. Errors in distribution: circumstances in which trustee not personally liable

   4. Chapter 4 Contractual rights, damages and the validity of certain transactions and documents

      1. Contractual rights

         1. 38. Contractual rights

      2. Damages

         1. 39. Damages for loss resulting from trustee’s act or omission in ordinary course of administration

         2. 40. Bringing of action for damages for loss resulting from trustee’s act or omission in ordinary course of administration

         3. 41. Delictual liability: trustee’s right of relief against other trustees

         4. 42. Trustees’ liability in relation to certain obligations

      3. Validity of certain transactions and documents

         1. 43. Validity of certain transactions entered into by trustees

         2. 44. Validity of certain deeds and other documents bearing to be executed by trustees

   5. Chapter 5 Duration of trust

      1. 45. Abolition of restrictions on accumulation and on creation of future interests

   6. Chapter 6 Private purpose trusts

      1. Private purpose trusts: general

         1. 46. Private purpose trusts: general

      2. Applications to the court

         1. 47. Application for order requiring fulfilment of purpose of private purpose trust

         2. 48. Application to reform trust

      3. Supervisors

         1. 49. Appointment of supervisor

         2. 50. Rights and remedies of supervisor

         3. 51. Application to supervisors of certain provisions relating to removal from office and to decision making

         4. 52. Resignation of supervisor

   7. Chapter 7 Protectors

      1. 53. Protectors

      2. 54. Appointment of new protector

      3. 55. Application to protectors of certain provisions relating to removal from office and to decision making

      4. 56. Resignation of protector

      5. 57. Liability for compliance with protector’s direction

   8. Chapter 8 Powers of the court

      1. Variation and termination of private trusts

         1. 58. Arrangements to vary or terminate a trust etc.

         2. 59. Agreement or approval for purposes of section 58(2)

         3. 60. Giving of approval by court

         4. 61. Interests of negligible value

         5. 62. Arrangements to vary or revoke alimentary purposes

         6. 63. Views of persons under 18

         7. 64. No requirement for agreement of truster

      2. Alteration of trust purposes

         1. 65. Alteration of trust purposes on material change in circumstances

      3. Powers in relation to ex officio trustees

         1. 66. Appointment by the court of a trustee to take the place of an ex officio trustee

         2. 67. Office supplying ex officio trustee

      4. Application in respect of defective exercise of fiduciary power etc.

         1. 68. Application in respect of defective exercise of fiduciary power etc.

      5. Directions relating to trust matters and the estates of deceased persons

         1. 69. Applications in relation to trusts and to the estates of deceased persons

      6. Expenses

         1. 70. Expenses of litigation

         2. 71. Expenses of application

      7. Miscellaneous powers

         1. 72. Authorisation to make payments on basis that an event has or has not occurred or will or will not occur

         2. 73. Completion of title by beneficiary

         3. 74. Warrant to vest corporeal moveable property in beneficiary where trustee has died or become incapable

         4. 75. Superintendence order as to investment and distribution of trust property

3. Part 2 Succession

   1. Effect of divorce, dissolution or annulment on special destination

      1. 76. Effect of divorce, dissolution or annulment on special destination

   2. Rights of succession to intestate estate

      1. 77. Rights of succession to intestate estate

      2. 78. Application to court by survivor for provision on intestacy

4. Part 3 Miscellaneous and general

   1. Miscellaneous

      1. 79. Amendment of Requirements of Writing (Scotland) Act 1995

      2. 80. Amendment of Confirmation of Executors (Scotland) Act 1858

   2. General

      1. 81. Interpretation

      2. 82. Power to amend jurisdiction in relation to trusts

      3. 83. Meaning of incapable and related expressions

      4. 84. Persons who are untraceable

      5. 85. Modification of enactments

      6. 86. Ancillary provision

      7. 87. Repeals

      8. 88. Commencement

      9. 89. Short title

5. 1. Schedule 1

      Modification of enactments

      1. 1. Titles to Land Consolidation (Scotland) Act 1868

      2. 2. Judicial Factors (Scotland) Act 1880

      3. 3. National Parks and Access to the Countryside Act 1949

      4. 4. Historic Buildings and Ancient Monuments Act 1953

      5. 5. Town and Country Planning (Scotland) Act 1959

      6. 6. Trusts (Scotland) Act 1961

      7. 7. Trustee Investments Act 1961

      8. 8. Land Compensation (Scotland) Act 1963

      9. 9. Countryside (Scotland) Act 1967

      10. 10. Agriculture Act 1970

      11. 11. Prescription and Limitation (Scotland) Act 1973

      12. 12. National Health Service (Scotland) Act 1978

      13. 13. Ancient Monuments and Archaeological Areas Act 1979

      14. 14. Married Women’s Policies of Assurance (Scotland) (Amendment) Act 1980

      15. 15. Civil Jurisdiction and Judgments Act 1982

      16. 16. Coal Mining Subsidence Act 1991

      17. 17. Age of Legal Capacity (Scotland) Act 1991

      18. 18. Children (Scotland) Act 1995

      19. 19. National Parks (Scotland) Act 2000

      20. 20. Christmas Day and New Year’s Day Trading (Scotland) Act 2007

      21. 21. Public Appointments and Public Bodies etc. (Scotland) Act 2003

      22. 22. Charities and Trustee Investment (Scotland) Act 2005

   2. Schedule 2

      Repeals