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Trusts and Succession (Scotland) Act 2024
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7Removal of trustee by courtS
This section has no associated Explanatory Notes
(1)Where a trustee—
(a)is unfit to carry out the duties of a trustee,
(b)purports to carry out those duties but does so in a way which is inconsistent with, or might be inconsistent with, a trustee’s fiduciary duty,
(c)has neglected the trustee’s duties as trustee,
(d)is incapable, or
(e)is untraceable,
the court may, on the application of one or more of the other trustees, of a beneficiary or of any other person with an interest in the trust property, remove the trustee from office.
(2)The court ceases to have power at common law to remove a trustee.
(3)This section applies irrespective of when the trust was created.
Commencement Information
I1S. 7 not in force at Royal Assent, see s. 88(3)
I2S. 7 in force at 26.6.2024 for specified purposes by S.S.I. 2024/164, reg. 2, sch.
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