Trusts and Succession (Scotland) Act 2024

Directions relating to trust matters and the estates of deceased persons

69 Applications in relation to trusts and to the estates of deceased persons

(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).