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Trusts and Succession (Scotland) Act 2024

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Trusts and Succession (Scotland) Act 2024. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Glossary of Terms Used in the Notes

  3. Note on Interpretation

  4. Introduction and Overview

    1. Part 1 – Trusts

      1. Default provisions

    2. Part 2 – Succession

    3. Part 3 – Miscellaneous and General

  5. Crown Application

  6. Commentary on Sections

    1. Part 1 – Trusts

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

        1. Appointment or assumption

        2. Resignation and removal

        3. Saving as respects liability of trustees

        4. Discharge

      2. Chapter 2 – Decision-making by trustees

      3. Chapter 3 – Powers and duties of trustees

        1. Powers: general

        2. Investment

        3. Sale of property

        4. Delegation and the appointment of agents and nominees

        5. Power of advancement

        6. Apportionment

        7. Payments from income

        8. Duty to provide information

        9. Trustees’ duty of care

        10. Breach of duty etc.

        11. Personal liability of trustees

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

        1. Contractual rights

        2. Damages

        3. Validity of certain transactions and documents

      5. Chapter 5 – Duration of trust

      6. Chapter 6 – Private purpose trusts

        1. General

        2. Applications to the Court of Session

        3. Supervisors

      7. Chapter 7 – Protectors

      8. Chapter 8 – Powers of the court

        1. Variation and termination of private trusts

        2. Alteration of trust purposes

        3. Powers in relation to ex officio trustees

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

        5. Expenses

        6. Miscellaneous powers

    2. Part 2 – Succession

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

      2. Rights of succession to intestate estate

    3. Part 3 – Miscellaneous and General

      1. Miscellaneous

      2. General

  7. Tables of Destinations and Derivations

    1. General

    2. Table of Derivations

      1. TABLE OF DERIVATIONS

    3. Table of Destinations

      1. TABLE OF DESTINATIONS

  8. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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