# Trusts and Succession (Scotland) Act 2024, Section 34: Provision purporting to limit liability for, or indemnify for, breach of fiduciary duty

Extent: S
Status: prospective

(1) In so far as a provision of a trust deed purports generally to—
(a) limit any liability of a trustee for, or
(b) indemnify a trustee for,
the trustee’s breach of a fiduciary duty, the provision is of no effect.
(2) But subsection (1) is without prejudice to any provision of a trust deed which authorises a particular action or decision, or a particular class of actions or decisions, which but for that authority would constitute a breach of a fiduciary duty.
(3) This section applies—
(a) irrespective of when the trust was created, but
(b) only as respects a breach of a fiduciary duty occurring after the section comes into force.

---
Source: https://www.legislation.gov.uk/asp/2024/2/section/34 (the official version)
Page: https://openlegislation.uk/trusts-and-succession-scotland-act-2024/section-34
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.