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The Trusts and Succession (Scotland) Act 2024 (Commencement No. 2 and Saving and Transitory Provision) Regulations 2026

S.S.I. 2026/323 · Made 3 November 2026

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TRUSTS

SUCCESSION

Made 3rd November 2026

Laid before the Scottish Parliament 5th November 2026

Coming into force 14th December 2026

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 88 (3) and (4) of the Trusts and Succession (Scotland) Act 2024f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

2024 asp 2.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Appointed day
  3. 3Saving and transitory provision
  4. Signature
  5. Schedule Provisions of the Act coming into force on 14 December 2026
  6. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Trusts and Succession (Scotland) Act 2024 (Commencement No. 2 and Saving and Transitory Provision) Regulations 2026 and come into force on 14 December 2026.

(2)

In these Regulations, “the Act” means the Trusts and Succession (Scotland) Act 2024.

2Appointed day

(1)

14 December 2026 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule of these Regulations (the subject matter of which is described in the corresponding entry in column 2 of that table).

(2)

Where a purpose is specified in column 3 of the table in the schedule, the corresponding provision in column 1 comes into force in accordance with paragraph (1) only for that purpose.

(3)

This regulation is subject to regulation 3.

3Saving and transitory provision

(1)

This regulation applies until section 46(1) of the Act (private purpose trusts: general) is in force for all purposes.

(2)

Any enactment or rule of the Scots law of trusts repealed by this Act may continue to be applied by any court to any trust which would be a private purpose trust in terms of the definition in section 46(1) (as if that subsection was in force for the purpose of this regulation only).

(3)

Section 69(1) of the Act has effect as if for the words “Trustees, protectors” there were substituted “Trustees or protectors”.

Signature

KIRSTEN OSWALD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

3rd November 2026

Provisions of the Act coming into force on 14 December 2026

Column 1Column 2Column 3
(provision of the Act)(subject matter)(purpose)
Section 1Appointment of additional or new trustee by court: general
Section 2Appointment of new trustee by truster
Section 3Assumption of additional trustee
Section 4Operation of appointment or assumption as general conveyance of trust property
Section 5Resignation of trustee
Section 6Resignation of incapable trustee
Section 7Removal of trustee by courtFor all remaining purposes
Section 9(1), (5), (6) and (8)(b)Removal of trustee by co-trustees
Section 10 except (4)(b)Removal of trustee by beneficiaries
Section 11Saving as respects liability of trustees
Section 12Discharge where trustee has resigned, died or been removed from office
Section 13Decisions: preliminaryFor all remaining purposes
Section 14Making of decisionFor all remaining purposes
Section 15General powers of trustees
Section 16 except (4)(a)Conferring of additional powers by court
Section 17Power to take out insurance
Section 18Power of investment
Section 19Exercise of power of investment
Section 20Exercise of power of investment: further provision
Section 21(1), (2) and (6)Charitable trusts: sale of property
Section 22Delegation and the appointment of agents
Section 23(1) to (11) and (14)Appointment of nominees
Section 24Power to advance from capital
Section 25Exercise of power to apportion between or among beneficiaries
Section 26Time apportionment
Section 27Apportionment: disapplication of certain rules
Section 28Power to make payments etc. from income
Section 29 except (7)(b)Trustees' duty to provide information other than on request
Section 30 except (12)(h)(ii) and (14)(b)Trustees' duty to provide information on request
Section 31Trustees' duty of care etc
Section 32Breach of fiduciary duty at instigation or request of beneficiary or with consent of beneficiary
Section 33Order relieving trustee of consequences of actings which are ultra vires
Section 34Provision purporting to limit liability for, or indemnify for, breach of fiduciary duty
Section 35Order relieving trustee of consequences of entering into a transaction in breach of fiduciary duty.
Section 36Trustees' personal liability for beneficiary's loss
Section 37Errors in distribution: circumstances in which trustee not personally liable
Chapter 4 of Part 1 (sections 38 to 44)Contractual rights, damages and the validity of certain transactions and documents
Section 45Abolition of restrictions on accumulation and on creation of future interests
Chapter 7 of Part 1 (sections 53 to 57)Protectors
Chapter 8 of Part 1 (sections 58 to 75) except: (a) the words “a private purpose trust or” where they occur in sections 58(4)(b), 59(9)(b), 60(4)(b), 61(3)(b), 62(6)(b), 63(6)(b), 64(2)(b); (b) 65(9)(h)(ii); (c) the words “or supervisor” in sections 68(7)(b)(ii) and 69(1); and (d) the definition of “supervisor” in section 69(3).Powers of the Court
Section 78Application to court by survivor for provision on intestacy
Section 79Amendment of Requirements of Writing (Scotland) Act 1995
Section 84Persons who are untraceable
Section 85 and schedule 1Modification of enactments
Section 87 and schedule 2RepealsFor all remaining purposes

Explanatory note

(This note is not part of the Regulations)

These Regulations bring certain provisions of the Trusts and Succession (Scotland) Act 2024 (“the Act”) into force on 14 December 2026.

Regulation 2 appoints 14 December 2026 as the day on which the provisions specified in the table in the schedule come into force. Where a provision of the Act has already been commenced for certain purposes by regulations, those provisions are brought into force for all remaining purposes (though see below on private purpose trusts).

Part 1 of the Act is not yet brought into force for the purposes of the provisions regarding “private purpose trusts” in Chapter 6 of Part 1 (sections 46 to 52) and, subject to regulation 3(2), references to such trusts are not brought into force by these Regulations. Regulation 3(2) allows the courts to continue to apply any applicable existing Scots law of trusts to any trusts which meet the definition of a private purpose trust provided for by section 46(1) of the Act, until such time as that provision is commenced in full. The provision does not change the law on whether an arrangement can be considered a trust at common law. Regulation 3(3) temporarily omits a reference to “supervisors” (a term used in Chapter 6 which is not yet in force). This in line with other references to supervisors, which are not commenced by these Regulations.

The Bill for the Act received Royal Assent on 30 January 2024. By virtue of section 88(1), that section, together with sections 86 and 89, came into force on 31 January 2024. By virtue of section 88(2), sections 76 and 77 came into force on 30 April 2024.