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Trusts and Succession (Scotland) Act 2024

Saving as respects liability of trustees

25.Section 11 of the Act re-enacts – with modification – the current law, which is in the final sentence of section 3 of the 1921 Act. Under the current law, the resignation or removal of a trustee does not affect any liability which had been incurred prior to that event. Section 11 puts that beyond doubt. It also provides that, where a new trustee is assumed or appointed, any liability which had been incurred by the trustee body as constituted immediately prior to that event is unaffected.

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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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