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Trusts and Succession (Scotland) Act 2024
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13Decisions: preliminary
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(1)This section applies in relation to any decision of the trustees which is to bind them.
(2)Except in so far as the trust deed, expressly or by implication, provides otherwise (or, in a case where there is no trust deed, the context requires or implies otherwise), in so far as is reasonably practicable a trustee—
(a)must receive adequate notice of the matter as regards which the decision is to be made, and
(b)must be afforded an opportunity (whether or not at a meeting of the trustees) to express an opinion in the matter before the decision is taken.
(3)But a decision which is invalid by virtue of non-compliance with subsection (2) may be homologated by the trustee in question.
(4)This section applies—
(a)irrespective of when the trust was created, but
(b)only as regards a decision taken after the section comes into force.
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