Trusts and Succession (Scotland) Act 2024

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

(1) The court may, as regards any trust, on the application of an ex officio trustee appoint a person nominated by the applicant to be a trustee in place of the applicant if the court—

(a) considers it expedient to do so for the administration of the trust, and

(b) is satisfied that the power to make such a nomination is not, expressly or by implication, excluded by the trust deed.

(2) The making of an appointment under subsection (1) removes the applicant from the office of trustee.

(3) A person who, having been nominated under subsection (1), still holds the office of trustee as at the date mentioned in subsection (4), ceases to hold the office of trustee on that date.

(4) The date referred to in subsection (3) is the date on which the nominator ceases to hold the office by virtue of which that person was an ex officio trustee when the nomination was made.

(5) In subsection (1), the expression “in place of” is not to be construed as implying that the person appointed is to be in any way dependent upon, or under the direction of, the nominating trustee.

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