Law Reform (Miscellaneous Provisions) (Scotland) Act 1968

7 Protection of trustees and executors. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 , a trustee or an executor may distribute any property vested in him as such trustee or executor, or may make any payment out of any such property, without having ascertained—

(a) that no F2 ... person [F3 whose parents are not or have not been married to one another]F3 exists who is or may be entitled to an interest in that property or payment in consequence of any of the said provisions, and

(b) that no F2 ... person [F3 whose parents are not or have not been married to one another]F3 exists or has existed, the fact of whose existence is, in consequence of any of the said provisions, relevant to the ascertainment of the persons entitled to an interest in that property or payment, [F4 and

(c) that no paternal relative of [F5 a]F6 ...... person [F7 whose parents are not or have not been married to one another] exists who is or may be entitled to an interest in that property or payment,]

and such trustee or executor shall not be personally liable to any person so entitled of whose claim he has not had notice at the time of the distribution or payment ; but (without prejudice to section 17 of the Act of 1964) nothing in this section shall affect any right of any person so entitled to recover the property, or any property representing it, or the payment, from any person who may have received that property or payment.

Annotations:

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Amendments (Textual)

F1 Words repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2

F2 Word in s. 7 repealed (30.6.2006) by The Family Law (Scotland) Act 2006 (Consequential Modifications) Order 2006 (S.S.I. 2006/384), art. 3(a)

F3 Words in s. 7(a)(b) inserted (30.6.2006) by The Family Law (Scotland) Act 2006 (Consequential Modifications) Order 2006 (S.S.I. 2006/384), art. 3(b)

F4 S. 7(c) and the word “and" immediately preceding it inserted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 10

F5 Word in s. 7(c) inserted (30.6.2006) by The Family Law (Scotland) Act 2006 (Consequential Modifications) Order 2006 (S.S.I. 2006/384), art. 3(c)(i)

F6 Word in s. 7(c) repealed (30.6.2006) by The Family Law (Scotland) Act 2006 (Consequential Modifications) Order 2006 (S.S.I. 2006/384), art. 3(c)(ii)

F7 Words in s. 7(c) inserted (30.6.2006) by The Family Law (Scotland) Act 2006 (Consequential Modifications) Order 2006 (S.S.I. 2006/384), art. 3(c)(iii)