# Trusts and Succession (Scotland) Act 2024, Section 7: Removal of trustee by court

Extent: S

(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.

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Source: https://www.legislation.gov.uk/asp/2024/2/section/7 (the official version)
Page: https://openlegislation.uk/trusts-and-succession-scotland-act-2024/section-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.