{
  "url": "https://openlegislation.uk/trusts-and-succession-scotland-act-2024/section-6",
  "json_url": "https://openlegislation.uk/trusts-and-succession-scotland-act-2024/section-6.json",
  "legislation": "asp/2024/2",
  "legislation_title": "Trusts and Succession (Scotland) Act 2024",
  "legislation_url": "https://openlegislation.uk/trusts-and-succession-scotland-act-2024",
  "path": "section/6",
  "kind": "section",
  "number": "6",
  "heading": "Resignation of incapable trustee",
  "text": "(1) Where a trustee is incapable, the power in section 5(1) may be exercised by the trustee’s guardian (“G”) on behalf of the trustee (and in such a case, the resignation will, for the purposes of this Act, be treated as a resignation by the trustee).\n(2) But where subsection (3) applies, G may do so only after—\n(a) an additional trustee is assumed under section 3,\n(b) an additional trustee is appointed—\n(i) under section 1 or 2, or\n(ii) by G, or\n(c) a judicial factor is appointed to administer the trust.\n(3) This subsection applies where—\n(a) the incapable trustee is a sole trustee, or\n(b) in G’s opinion, no other trustee exists who is both capable and traceable.\n(4) Any resignation given by G on behalf of the incapable trustee in breach of subsection (2) is of no effect.\n(5) Section 4(2) (general conveyance of trust property) applies to an appointment of a trustee by G under subsection (2)(b)(ii) as it applies to an appointment of a trustee under section 1(1)(b) or 2(1).\n(6) Section 5(5) applies to a resignation given by G on behalf of an incapable trustee in accordance with this section as it applies to a resignation given by a trustee under section 5.\n(7) This section applies—\n(a) irrespective of when the trust was created, but\n(b) only as respects a resignation given after this section comes into force.",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 6 not in force at Royal Assent, see s. 88(3)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "coming into force",
      "affecting": "ssi/2026/323",
      "affecting_title": "The Trusts and Succession (Scotland) Act 2024 (Commencement No. 2 and Saving and Transitory Provision) Regulations 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2024/2/section/6",
    "retrieved_at": "2026-11-07T03:33:02.065044+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}