# Titles to Land Consolidation (Scotland) Act 1868, Section 26B: Application for declarator of succession as heir to last surviving trustee under a trust

Extent: E+W+S+N.I.

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.

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Source: https://www.legislation.gov.uk/ukpga/Vict/31-32/101/section/26B (the official version)
Page: https://openlegislation.uk/titles-to-land-consolidation-scotland-act-1868/section-26B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.