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Trusts and Succession (Scotland) Act 2024
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84Persons who are untraceable
This section has no associated Explanatory Notes
For the purposes of sections 1(1)(b), 2(1), 5(5)(a)(i), 7(1)(e), 14(2)(c), 44(1), 49(5)(b), 53(3)(g)(v), 54(1)(b), 59(5)(e), 70(2)(e)(i) and 70(2)(f)(i) (and without prejudice to the generality of those sections) a person is to be regarded as untraceable if—
(a)the person has not been traced, and
(b)in the case of—
(i)section 1(1)(b), 7(1)(e), 49(5)(b), 53(3)(g)(v), 59(5)(e), 70(2)(e)(i) or 70(2)(f)(i) the court is satisfied that reasonable steps have been taken to trace the person,
(ii)section 2(1), the truster is so satisfied,
(iii)section 5(5)(a)(i), 14(2)(c) or 44(1), every trustee who is both capable and has been traced is so satisfied, or
(iv)section 54(1)(b), the truster is so satisfied (or if the truster is not alive or is not capable, every trustee who is both capable and has been traced is so satisfied).
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