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This is the original version (as it was originally enacted).
(1)Where a trustee—
(a)is unfit to carry out the duties of a trustee,
(b)purports to carry out those duties but does so in a way which is inconsistent with, or might be inconsistent with, a trustee’s fiduciary duty,
(c)has neglected the trustee’s duties as trustee,
(d)is incapable, or
(e)is untraceable,
the court may, on the application of one or more of the other trustees, of a beneficiary or of any other person with an interest in the trust property, remove the trustee from office.
(2)The court ceases to have power at common law to remove a trustee.
(3)This section applies irrespective of when the trust was created.
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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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