# Trusts and Succession (Scotland) Act 2024, Section 25: Exercise of power to apportion between or among beneficiaries

Extent: S
Status: prospective

(1) Except in so far as the trust deed, expressly or by implication, provides otherwise, no exercise by a trustee of a power to apportion funds or other property between or among certain beneficiaries is invalid on the ground only that—
(a) an insubstantial, illusory or nominal part is apportioned to (or left to devolve unapportioned upon) one of the beneficiaries, or
(b) one of the beneficiaries is not apportioned a part.
(2) But subsection (1) is without prejudice to the grounds on which the court may grant a remedy under section 68.
(3) This section applies irrespective of when the trust was created.

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Source: https://www.legislation.gov.uk/asp/2024/2/section/25 (the official version)
Page: https://openlegislation.uk/trusts-and-succession-scotland-act-2024/section-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.