Trusts and Succession (Scotland) Act 2024 (asp 2)

Part 1 S Trusts

Chapter 3 S Powers and duties of trustees

Prospective

Breach of duty etc. S

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

(1) This section applies where a trustee is in breach of a fiduciary duty—

(a) at the instigation or request of a beneficiary, or

(b) with the written consent of a beneficiary.

(2) The court may if it thinks fit make such order, assigning by way of indemnity all or part of the beneficiary’s interest in the trust property to the trustee or (as the case may be) to any person claiming through the trustee, as seems to the court to be just.

(3) This section applies—

(a) irrespective of when the trust was created, but

(b) only as respects a breach of a fiduciary duty occurring after the section comes into force.

Commencement Information

I1 S. 32 not in force at Royal Assent, see s. 88(3)