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
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
Contents
- 1Citation, commencement and interpretation
- 2Appointed day
- 3Saving and transitory provision
- Signature
- Schedule Provisions of the Act coming into force on 14 December 2026
- Explanatory note
1Citation, commencement and interpretation
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.
In these Regulations, “the Act” means the Trusts and Succession (Scotland) Act 2024.
2Appointed day
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).
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.
This regulation is subject to regulation 3.
3Saving and transitory provision
This regulation applies until section 46(1) of the Act (private purpose trusts: general) is in force for all purposes.
Any enactment or rule of the Scots law of trusts repealed by this Act may continue to be applied by any court to any trust which would be a private purpose trust in terms of the definition in section 46(1) (as if that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).
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 1 | Column 2 | Column 3 |
|---|---|---|
| (provision of the Act) | (subject matter) | (purpose) |
| Section 1 | Appointment of additional or new trustee by court: general | |
| Section 2 | Appointment of new trustee by truster | |
| Section 3 | Assumption of additional trustee | |
| Section 4 | Operation of appointment or assumption as general conveyance of trust property | |
| Section 5 | Resignation of trustee | |
| Section 6 | Resignation of incapable trustee | |
| Section 7 | Removal of trustee by court | For 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 11 | Saving as respects liability of trustees | |
| Section 12 | Discharge where trustee has resigned, died or been removed from office | |
| Section 13 | Decisions: preliminary | For all remaining purposes |
| Section 14 | Making of decision | For all remaining purposes |
| Section 15 | General powers of trustees | |
| Section 16 except (4)(a) | Conferring of additional powers by court | |
| Section 17 | Power to take out insurance | |
| Section 18 | Power of investment | |
| Section 19 | Exercise of power of investment | |
| Section 20 | Exercise of power of investment: further provision | |
| Section 21(1), (2) and (6) | Charitable trusts: sale of property | |
| Section 22 | Delegation and the appointment of agents | |
| Section 23(1) to (11) and (14) | Appointment of nominees | |
| Section 24 | Power to advance from capital | |
| Section 25 | Exercise of power to apportion between or among beneficiaries | |
| Section 26 | Time apportionment | |
| Section 27 | Apportionment: disapplication of certain rules | |
| Section 28 | Power 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 31 | Trustees' duty of care etc | |
| Section 32 | Breach of fiduciary duty at instigation or request of beneficiary or with consent of beneficiary | |
| Section 33 | Order relieving trustee of consequences of actings which are ultra vires | |
| Section 34 | Provision purporting to limit liability for, or indemnify for, breach of fiduciary duty | |
| Section 35 | Order relieving trustee of consequences of entering into a transaction in breach of fiduciary duty. | |
| Section 36 | Trustees' personal liability for beneficiary's loss | |
| Section 37 | Errors 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 45 | Abolition 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 78 | Application to court by survivor for provision on intestacy | |
| Section 79 | Amendment of Requirements of Writing (Scotland) Act 1995 | |
| Section 84 | Persons who are untraceable | |
| Section 85 and schedule 1 | Modification of enactments | |
| Section 87 and schedule 2 | Repeals | For 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.