Section 23 Errors in distribution: protection of trustees and executors in certain circumstancesI1

In the Trusts (Scotland) Act 1921, after section 29 insert—

“Errors in distribution: circumstances in which trustee not personally liable

29A

(1)

A trustee is not personally liable for any error in the distribution of any property, or the income of property, vested in the person as trustee if—

(a)

the error was caused by the trustee not knowing (either or both)—

(i)

of the existence, or non-existence, of a person,

(ii)

of a person's relationship, or lack of relationship, to another person, and

(b)

the distribution takes place—

(i)

in good faith and after such enquiries as any reasonable and prudent trustee would have made in the circumstances of the case, or

(ii)

in accordance with an order of the court.

(2)

Subsection (1) does not affect any right which a person entitled to the property or income concerned has to recover it from another person.

(3)

Subsection (2) is without prejudice to section 24 of the Succession (Scotland) Act 2016.

(4)

This section applies only in relation to a distribution which takes place on or after the day on which section 23 of the Succession (Scotland) Act 2016 comes into force”.