Trusts and Succession (Scotland) Act 2024

57Liability for compliance with protector’s direction

This section has no associated Explanatory Notes

(1)This section applies where a trustee complies timeously and correctly with a protector’s direction (being a direction which the protector has power to give).

(2)In so far as such compliance comprises the breach of a duty owed to a beneficiary or third party then, except in so far as the trust deed expressly provides otherwise, the protector, and not the trustee, incurs personal liability for any resultant harm.

(3)This section applies irrespective of when the trust was created.