Trusts (Scotland) Act 1921

32 Court may relieve trustee from personal liability.S

(1)If it appears to the court that a trustee is or may be personally liable for any breach of trust, whether the transaction alleged to be a breach of trust occurred before or after the passing of this Act, but has acted honestly and reasonably, and ought fairly to be excused for the breach of trust, then the court may relieve the trustee either wholly or partly from personal liability for the same.

(2)In this section and in the two immediately preceding sections the expression “the court” shall mean any court of competent jurisdiction in which a question relative to the actings, liability, or removal of a trustee comes to be tried.