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Asked by:
Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
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Date lodged:
7 November 2024
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Current status:
Answered by Siobhian Brown on 12 November 2024
To ask the Scottish Government when the trust provisions within the Trusts and Succession (Scotland) Act 2024 will come into force.
The following provisions of the Act have come into force
- Section 76 dealing with the effect of divorce, dissolution or annulment on special destination;
- Section 77 involving the rights of succession to intestate estate respectively;
- Section 7, under which an unfit trustee may be removed by the court for the purposes of section 8; and,
- Parts of section 9 concerning removal from office by a majority of co-trustees of a trustee who is no longer a member of a regulated profession or entitled to practice, and who was appointed or assumed to provide professional services in managing the trust, together with sections 13 and 14 by which decisions on the removal of a professional trustee by co-trustees are to be governed for these purposes.
The remaining provisions of the Act will come into force in due course although no decision has been taken about a date for that. The decision on when to commence the rest of the provisions generally is closely related to ongoing work with UK Government regarding the provisions covering the reserved matter of pension trusts.