Trusts and Succession (Scotland) Act 2024

8 Removal of certain trustees by court: unfitness S

(1) For the purposes of section 7(1)(a), a trustee to whom subsection (2) applies is to be regarded as unfit to carry out the duties of a trustee (and so may be removed from office).

(2) This subsection applies to any trustee—

(a) who is—

(i) an executor nominate of a testator (“T”),

(ii) a trustee of a trust established by T under a testamentary writing, or

(iii) an executor dative appointed in respect of the estate of a deceased person (“D”), and

(b) who—

(i) is being prosecuted in Scotland for the murder or culpable homicide of T or, as the case may be, D,

(ii) has been convicted, whether before or after the coming into force of this section, in Scotland of such an offence as regards T or, as the case may be, D,

(iii) is being prosecuted in a jurisdiction outside Scotland for an offence which, in the opinion of the court, is equivalent to the murder or culpable homicide of T or, as the case may be, D, or

(iv) has been convicted, whether before or after the coming into force of this section, in a jurisdiction outside Scotland of such an offence as regards T or, as the case may be, D.

(3) For the purposes of subsection (2)(b), a trustee is to be regarded as being prosecuted for an offence if—

(a) a prosecutor has initiated proceedings against the trustee in respect of the offence, and

(b) those proceedings have not been dismissed or resulted in the conviction or acquittal of the trustee in respect of the offence.

(4) This section is without prejudice to any power of the court to find that a trustee to whom subsection (2)(a) applies (but to whom subsection (2)(b) does not apply) is unfit to carry out the duties of a trustee as a result of—

(a) having acted (or being suspected of having acted) in a manner that caused or contributed to the death of T or, as the case may be, D, or

(b) having otherwise been involved (or being suspected of having otherwise been involved) in the death of T or, as the case may be, D.

Commencement Information

I1 S. 8 not in force at Royal Assent, see s. 88(3)

I2 S. 8 in force at 26.6.2024 by S.S.I. 2024/164, reg. 2, sch.