Trusts and Succession (Scotland) Act 2024

2024 asp 2 · Enacted 30 January 2024 · Extends to Scotland

Contents

1. Part 1: Trusts
2. Chapter 1: Appointment, assumption, resignation, removal and discharge of trustees
3. Appointment or assumption Not yet in force
4. 1Appointment of additional or new trustee by court: general Not yet in force
5. 2Appointment of new trustee by truster Not yet in force
6. 3Assumption of additional trustee Not yet in force
7. 4Operation of appointment or assumption as general conveyance of trust property Not yet in force
8. Resignation and removal
9. 5Resignation of trustee Not yet in force
10. 6Resignation of incapable trustee Not yet in force
11. 7Removal of trustee by court
12. 8Removal of certain trustees by court: unfitness
13. 9Removal of trustee by co-trustees
14. 10Removal of trustee by beneficiaries Not yet in force
15. Saving as respects liability of trustees Not yet in force
16. 11Saving as respects liability of trustees Not yet in force
17. Discharge Not yet in force
18. 12Discharge where trustee has resigned, died or been removed from office Not yet in force
19. Chapter 2: Decision-making by trustees
20. 13Decisions: preliminary
21. 14Making of decision
22. Chapter 3: Powers and duties of trustees
23. Powers: general Not yet in force
24. 15General powers of trustees Not yet in force
25. 16Conferring of additional powers by court Not yet in force
26. 17Power to take out insurance Not yet in force
27. Investment Not yet in force
28. 18Power of investment Not yet in force
29. 19Exercise of power of investment Not yet in force
30. 20Exercise of power of investment: further provision Not yet in force
31. Sale of property
32. 21Charitable trusts: sale of property
33. Delegation and the appointment of agents and nominees
34. 22Delegation and the appointment of agents Not yet in force
35. 23Appointment of nominees
36. Power of advancement Not yet in force
37. 24Power to advance from capital Not yet in force
38. Apportionment Not yet in force
39. 25Exercise of power to apportion between or among beneficiaries Not yet in force
40. 26Time apportionment Not yet in force
41. 27Apportionment: disapplication of certain rules Not yet in force
42. Payments from income Not yet in force
43. 28Power to make payments etc. from income Not yet in force
44. Duty to provide information Not yet in force
45. 29Trustees’ duty to provide information other than on request Not yet in force
46. 30Trustees’ duty to provide information on request Not yet in force
47. Trustees’ duty of care etc. Not yet in force
48. 31Trustees’ duty of care etc. Not yet in force
49. Breach of duty etc. Not yet in force
50. 32Breach of fiduciary duty at instigation or request of beneficiary or with consent of beneficiary Not yet in force
51. 33Order relieving trustee of consequences of actings which are ultra vires Not yet in force
52. 34Provision purporting to limit liability for, or indemnify for, breach of fiduciary duty Not yet in force
53. 35Order relieving trustee of consequences of entering into a transaction in breach of fiduciary duty Not yet in force
54. Personal liability of trustees Not yet in force
55. 36Trustees’ personal liability for beneficiary’s loss Not yet in force
56. 37Errors in distribution: circumstances in which trustee not personally liable Not yet in force
57. Chapter 4: Contractual rights, damages and the validity of certain transactions and documents Not yet in force
58. Contractual rights Not yet in force
59. 38Contractual rights Not yet in force
60. Damages Not yet in force
61. 39Damages for loss resulting from trustee’s act or omission in ordinary course of administration Not yet in force
62. 40Bringing of action for damages for loss resulting from trustee’s act or omission in ordinary course of administration Not yet in force
63. 41Delictual liability: trustee’s right of relief against other trustees Not yet in force
64. 42Trustees’ liability in relation to certain obligations Not yet in force
65. Validity of certain transactions and documents Not yet in force
66. 43Validity of certain transactions entered into by trustees Not yet in force
67. 44Validity of certain deeds and other documents bearing to be executed by trustees Not yet in force
68. Chapter 5: Duration of trust Not yet in force
69. 45Abolition of restrictions on accumulation and on creation of future interests Not yet in force
70. Chapter 6: Private purpose trusts Not yet in force
71. Private purpose trusts: general Not yet in force
72. 46Private purpose trusts: general Not yet in force
73. Applications to the court Not yet in force
74. 47Application for order requiring fulfilment of purpose of private purpose trust Not yet in force
75. 48Application to reform trust Not yet in force
76. Supervisors Not yet in force
77. 49Appointment of supervisor Not yet in force
78. 50Rights and remedies of supervisor Not yet in force
79. 51Application to supervisors of certain provisions relating to removal from office and to decision making Not yet in force
80. 52Resignation of supervisor Not yet in force
81. Chapter 7: Protectors Not yet in force
82. 53Protectors Not yet in force
83. 54Appointment of new protector Not yet in force
84. 55Application to protectors of certain provisions relating to removal from office and to decision making Not yet in force
85. 56Resignation of protector Not yet in force
86. 57Liability for compliance with protector’s direction Not yet in force
87. Chapter 8: Powers of the court Not yet in force
88. Variation and termination of private trusts Not yet in force
89. 58Arrangements to vary or terminate a trust etc. Not yet in force
90. 59Agreement or approval for purposes of section 58(2) Not yet in force
91. 60Giving of approval by court Not yet in force
92. 61Interests of negligible value Not yet in force
93. 62Arrangements to vary or revoke alimentary purposes Not yet in force
94. 63Views of persons under 18 Not yet in force
95. 64No requirement for agreement of truster Not yet in force
96. Alteration of trust purposes Not yet in force
97. 65Alteration of trust purposes on material change in circumstances Not yet in force
98. Powers in relation to ex officio trustees Not yet in force
99. 66Appointment by the court of a trustee to take the place of an ex officio trustee Not yet in force
100. 67Office supplying ex officio trustee Not yet in force
101. Application in respect of defective exercise of fiduciary power etc. Not yet in force
102. 68Application in respect of defective exercise of fiduciary power etc. Not yet in force
103. Directions relating to trust matters and the estates of deceased persons Not yet in force
104. 69Applications in relation to trusts and to the estates of deceased persons Not yet in force
105. Expenses Not yet in force
106. 70Expenses of litigation Not yet in force
107. 71Expenses of application Not yet in force
108. Miscellaneous powers Not yet in force
109. 72Authorisation to make payments on basis that an event has or has not occurred or will or will not occur Not yet in force
110. 73Completion of title by beneficiary Not yet in force
111. 74Warrant to vest corporeal moveable property in beneficiary where trustee has died or become incapable Not yet in force
112. 75Superintendence order as to investment and distribution of trust property Not yet in force
113. Part 2: Succession
114. Effect of divorce, dissolution or annulment on special destination
115. 76Effect of divorce, dissolution or annulment on special destination
116. Rights of succession to intestate estate
117. 77Rights of succession to intestate estate
118. 78Application to court by survivor for provision on intestacy Not yet in force
119. Part 3: Miscellaneous and general
120. Miscellaneous
121. 79Amendment of Requirements of Writing (Scotland) Act 1995 Not yet in force
122. 80Amendment of Confirmation of Executors (Scotland) Act 1858
123. General
124. 81Interpretation
125. 82Power to amend jurisdiction in relation to trusts
126. 83Meaning of incapable and related expressions
127. 84Persons who are untraceable Not yet in force
128. 85Modification of enactments Not yet in force
129. 86Ancillary provision
130. 87Repeals
131. 88Commencement
132. 89Short title
133. Schedule 1: Modification of enactments Not yet in force
134. 1Titles to Land Consolidation (Scotland) Act 1868 Not yet in force
135. 2Judicial Factors (Scotland) Act 1880 Not yet in force
136. 3National Parks and Access to the Countryside Act 1949 Not yet in force
137. 4Historic Buildings and Ancient Monuments Act 1953 Not yet in force
138. 5Town and Country Planning (Scotland) Act 1959 Not yet in force
139. 6Trusts (Scotland) Act 1961 Not yet in force
140. 7Trustee Investments Act 1961 Not yet in force
141. 8Land Compensation (Scotland) Act 1963 Not yet in force
142. 9Countryside (Scotland) Act 1967 Not yet in force
143. 10Agriculture Act 1970 Not yet in force
144. 11Prescription and Limitation (Scotland) Act 1973 Not yet in force
145. 12National Health Service (Scotland) Act 1978 Not yet in force
146. 13Ancient Monuments and Archaeological Areas Act 1979 Not yet in force
147. 14Married Women’s Policies of Assurance (Scotland) (Amendment) Act 1980 Not yet in force
148. 15Civil Jurisdiction and Judgments Act 1982 Not yet in force
149. 16Coal Mining Subsidence Act 1991 Not yet in force
150. 17Age of Legal Capacity (Scotland) Act 1991 Not yet in force
151. 18Children (Scotland) Act 1995 Not yet in force
152. 19National Parks (Scotland) Act 2000 Not yet in force
153. 20Christmas Day and New Year’s Day Trading (Scotland) Act 2007 Not yet in force
154. 21Public Appointments and Public Bodies etc. (Scotland) Act 2003 Not yet in force
155. 22Charities and Trustee Investment (Scotland) Act 2005 Not yet in force
156. Schedule 2Repeals