OpenLegislation

Section 7 Removal of trustee by courtI1I2

Scotland

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

(1)

Where a trustee—

(a)

is unfit to carry out the duties of a trustee,

(b)

purports to carry out those duties but does so in a way which is inconsistent with, or might be inconsistent with, a trustee’s fiduciary duty,

(c)

has neglected the trustee’s duties as trustee,

(d)

is incapable, or

(e)

is untraceable,

the court may, on the application of one or more of the other trustees, of a beneficiary or of any other person with an interest in the trust property, remove the trustee from office.

(2)

The court ceases to have power at common law to remove a trustee.

(3)

This section applies irrespective of when the trust was created.

Annotations

Commencement

I1

S. 7 not in force at Royal Assent, see s. 88(3)

I2

S. 7 in force at 26.6.2024 for specified purposes by S.S.I. 2024/164, reg. 2, sch.