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(1)This section applies where—
(a)a trustee has died or become incapable vested in corporeal moveable property to which a beneficiary is absolutely entitled, but
(b)delivery of the property to, or possession of the property by, the beneficiary is required for the property to vest in the beneficiary.
(2)The court may, on the application of the beneficiary, grant warrant for the property to vest in the beneficiary.
(3)Any such warrant is effectual to vest the property in the beneficiary, as at the date of the warrant, as if the beneficiary had taken delivery or possession of the property on that date.
(4)Reference in subsections (1) to (3) to a beneficiary includes reference to any person deriving right from a beneficiary.
(5)This section applies irrespective of when the trust was created.
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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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