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Section 69 Applications in relation to trusts and to the estates of deceased personsI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Trustees, protectors or supervisors under a trust deed, or any other person with an interest in the trust property, may apply to the Court of Session for a direction on questions relating to—

(a)

the investment, distribution, management or administration of the trust estate, or

(b)

the exercise of any power vested in, or the performance of any duty imposed on, the trustees notwithstanding that such direction may affect contingent interests in the estate, whether of persons in existence at, or of persons who may be born after, the date of the direction.

(2)

An executor (nominate or dative) of a person who dies after the coming into force of this section may, whether or not there is a testamentary trust, apply to the Court of Session for a direction on questions relating to—

(a)

the investment, distribution, management or administration of the person’s estate,

(b)

the exercise of any power vested in, or the performance of any duty imposed on, the executor notwithstanding that such direction may affect contingent interests in the estate, whether of persons in existence at, or of persons who may be born after, the date of the direction.

(3)

In subsection (1)—

  • “protector” is to be construed in accordance with section 53(1)(a), and

  • “supervisor” is to be construed in accordance with section 49(1).

Annotations

Commencement

I1

S. 69 not in force at Royal Assent, see s. 88(3)