Section 37 Errors in distribution: circumstances in which trustee not personally liableI1

Scotland Not yet in force

(1)

A trustee is not personally liable for any error in the distribution of any property, or the income of property, vested in the trustee as trustee if—

(a)

the error was caused by the trustee not knowing (either or both)—

(i)

of the existence, or non-existence, of a person,

(ii)

of a person's relationship, or lack of relationship, to another person, and

(b)

the distribution takes place—

(i)

in good faith and after such enquiries as any reasonable and prudent trustee would have made in the circumstances of the case, or

(ii)

in accordance with an order of the court.

(2)

Subsection (1) does not affect any right which a person entitled to the property or income concerned has to recover it from another person.

(3)

Subsection (2) is without prejudice to section 24 of the Succession (Scotland) Act 2016.

(4)

(a)

irrespective of when the trust was created, but

(b)

only as respects distributions occurring after the section comes into force.

Annotations