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Trusts and Succession (Scotland) Act 2024

Table of Destinations

TABLE OF DESTINATIONS
ENTAIL AMENDMENT ACT 1848 (c.36)
Existing ProvisionSubject MatterProvision of Act
s.47Act not to be defeated by trustss.45
s.49or by life-rentss.45
APPORTIONMENT ACT 1870 (c.35)
Existing ProvisionSubject MatterProvision of Act
s.2Rents, &c. to accrue from day to day and be apportionable in respect of times.26
POWERS OF APPOINTMENT ACT 1874 (c.37)
Existing ProvisionSubject MatterProvision of Act
s.1Appointments to be valid notwithstanding one or more objects excludeds.25
TRUSTS (SCOTLAND) ACT 1921 (c.58)
Existing ProvisionSubject MatterProvision of Act
s.3(a)What trusts shall be held to includes.6
s.3(b)What trusts shall be held to includes.3
s.3(c)What trusts shall be held to includes.14
s.3(d)What trusts shall be held to includes.36
s.3 proviso 2What trusts shall be held to includes.5
s.3 final sentenceWhat trusts shall be held to includes.11
s.4(1)General powers of trusteess.15
s.4(1)(ea) and (be) and 4(1A) to (1F)General powers of trusteess.18
s.4(1)(f)General powers of trusteess.22
s.4(1)(g)General powers of trusteess. 12(1)
s.4AExercise of power of investment: duties of trusteess.19
s.4BExercise of power of investment: power to appoint nomineess.23
s.5Resignation of trustees.16 and s.65
s.6Method of sale by trustees
s.7Deeds granted by trusteess.43 and s.44
s.8Conveyances to non-existing or unidentifiable personss.45
s.9Liferents of personal estate beyond certain limits prohibiteds.45
s.16The court may authorise the advance of part of the capital of a trust funds.24
s.17Trustees may apply to court for superintendence order as to investment and distribution of estates.75
s.18Discharge of trustees resigning and heirs of trustees dying during the subsistence of the trusts.12(2) to (3)
s.21, s.22 and Sch BAppointment of new or additional trustees by deed of assumption
and
Appointment of new trustees by the court
s.4
s.22Appointment of new trustees by the courts.1(1)
s.23Court may remove trustees in certain casess.7
s.24Completion of title by the beneficiary of a lapsed trusts.73
s.29AErrors in distribution: circumstances in which trustee not personally liables.37
s.31Power of court to make orders in case of breach of trusts.32
s.32Court may relieve trustee from personal liabilitys.33 and s.35
s.34Expenses of applications under this Acts.71
TRUSTS (SCOTLAND) ACT 1961 (c.57)
Existing ProvisionSubject MatterProvision of Act
s.1Jurisdiction of court in relation to variation of trust purposess.58, s.59, s.60. s.61 s.65
s.1(1)Jurisdiction of the court in relation to variation of trust purposess.16
s.1(1)(b)Jurisdiction of the court in relation to variation of trust purposess.81(1) (meaning of “potential beneficiary”)
s.1(2)Jurisdiction of the court in relation to variation of trust purposess.63
s.1(4)Jurisdiction of the court in relation to variation of trust purposess.62
s.1(6)Jurisdiction of the court in relation to variation of trust purposess.81(1) (meaning of “beneficiary”)
s.2(1)Validity of certain transactions by trusteess.43
s.4Power of trustees to acquire interests in residential accommodation for use of beneficiariess.15
s.5Accumulations of incomes.45
SUCCESSION (SCOTLAND) ACT 1964 (c.41)
Existing ProvisionSubject MatterProvision of Act
s.2(1)Rights of succession to intestate estates.77
LAW REFORM (MISCELLANEOUS PROVISIONS) (SCOTLAND) ACT 1968
Existing ProvisionSubject MatterProvision of Act
s.18Restrictions on duration of liferentss.45
BANKRUPTCY (SCOTLAND) ACT 1985 (c. 66)
Existing ProvisionSubject MatterProvision of Act
s.31(4)Vesting of estate at date of sequestrations.74
ACT OF SEDERUNT (RULES OF THE COURT OF SESSION 1994) 1994 (No.1443)
Existing ProvisionSubject MatterProvision of Act
Sch 2, Chapter 63 Part IIPetitions by Trustees for Directionss.69

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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