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Changes over time for: Section 62


Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
This version of this provision is prospective.

Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are currently no known outstanding effects for the Trusts and Succession (Scotland) Act 2024, Section 62.

Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
62Arrangements to vary or revoke alimentary purposesS
This section has no associated Explanatory Notes
(1)Where a beneficiary under a trust has entered into enjoyment of—
(a)an alimentary liferent of, or
(b)any alimentary income from,
the trust property, or any part of the trust property, an arrangement to vary or revoke the alimentary purpose in question requires the authorisation of the court under this section as well as agreement or approval given in accordance with section 59.
(2)The court may give authorisation under this section if it considers that the carrying out of the arrangement would be reasonable having regard to—
(a)the income of the beneficiary from all sources, and
(b)such other factors as seem to the court to be material.
(3)The powers of the court under this section are exercisable on the application of the trustees or of any of the beneficiaries.
(4)Subsection (1) does not apply to an alimentary purpose created by a woman in her own favour prior to 24th July 1984.
(5)In this section, “alimentary purpose” means a trust purpose entitling the beneficiary to an alimentary liferent of, or alimentary income from, the trust property or any part of the trust property.
(6)This section—
(a)applies irrespective of when the trust was created, but
(b)does not apply as respects a private purpose trust or a public trust.
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