Section 26B Application for declarator of succession as heir to last surviving trustee under a trustF1

United Kingdom

On an application being made under this section, the Sheriff of Chancery may, if satisfied that—

(a)

such deceased person as may be specified in the application was the last surviving trustee named in, or assumed under, a trust;

(b)

the trust provides for the heir of such last surviving trustee to be a trustee;

(c)

either—

(i)

the trust is governed by the law of Scotland; or

(ii)

lands subject to the trust and to which the application relates are situated in Scotland; and

(d)

the applicant has succeeded as heir to the deceased,

grant declarator that the applicant is the heir of the deceased and accordingly is a trustee under the trust.

Annotations

F1: Ss. 26A-26C inserted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 68, 71, 77(2) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2