# Trusts and Succession (Scotland) Act 2024, Section 6: Resignation of incapable trustee

Extent: S
Status: prospective

(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).
(2) But where subsection (3) applies, G may do so only after—
(a) an additional trustee is assumed under section 3,
(b) an additional trustee is appointed—
(i) under section 1 or 2, or
(ii) by G, or
(c) a judicial factor is appointed to administer the trust.
(3) This subsection applies where—
(a) the incapable trustee is a sole trustee, or
(b) in G’s opinion, no other trustee exists who is both capable and traceable.
(4) Any resignation given by G on behalf of the incapable trustee in breach of subsection (2) is of no effect.
(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).
(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.
(7) This section applies—
(a) irrespective of when the trust was created, but
(b) only as respects a resignation given after this section comes into force.

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Source: https://www.legislation.gov.uk/asp/2024/2/section/6 (the official version)
Page: https://openlegislation.uk/trusts-and-succession-scotland-act-2024/section-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.