P ART 3 5 M ISCELLANEOUS AND GENERAL Miscellaneous 73 Amendment of Requirements of Writing (Scotland) Act 1995 (1) In section 7(7) of the Requirements of Writing (Scotland) Act 1995 (subscription and signing), after “partnerships,” insert “bodies of trustees,”. 10 (2) In schedule 2 of that Act (subscription and signing: special cases), after paragraph 2 1 insert— “Trusts 2A (1) Except where an enactment or the trust deed expressly provides otherwise, where a granter of a document executed after the commencement of section 15 73 of the Trusts and Succession (Scotland) Act 2023 is a body of trustees, the document is signed by that body if it is signed on the body’s behalf either by a majority of the trustees or by a person (whether or not one of the trustees) authorised to sign the document on the body’s behalf. (2) Sub-paragraph (1) of this paragraph applies in relation to the signing of an 20 alteration to a document as it applies in relation to the signing of a document. (3) In this paragraph, “trust” has the meaning assigned to that expression by section 74(1) of that Act of 2023.”. 73A Amendment of Confirmation of Executors (Scotland) Act 1858 After section 6 of the Confirmation of Executors (Scotland) Act 1858, insert— 25 “6A Restrictions on appointment of executor dative (1) This section applies where a sheriff is in receipt of a petition for the appointment of a person (“P”) as an executor dative in respect of the estate of a deceased person (“D”). (2) The sheriff must refuse the petition if satisfied that P is a person falling within 30 subsection (3). (3) A person falls within this subsection if that person— (a) is being prosecuted in Scotland for the murder or culpable homicide of D, (b) has been convicted, whether before or after the coming into force of this 35 section, in Scotland of such an offence as regards D, 48 Trusts and Succession (Scotland) Bill Part 3—Miscellaneous and general (c) is being prosecuted in a jurisdiction outside Scotland for an offence which, in the opinion of the sheriff, is equivalent to the murder or culpable homicide of D, or (d) has been convicted, whether before or after the coming into force of this 5 section, in a jurisdiction outside Scotland of such an offence as regards D. (4) For the purposes of subsection (3), a person is to be regarded as being prosecuted for an offence if— (a) a prosecutor has initiated proceedings against the person in respect of 10 the offence, and 1 (b) those proceedings have not been dismissed or resulted in the conviction or acquittal of the person in respect of the offence. (5) If, despite subsection (1) or any rule of law to the contrary, a person falling within subsection (3) is appointed as an executor dative in respect of D’s 15 estate— (a) the person’s appointment as executor dative is not invalid by reason of the fact that the person falls within subsection (3), but (b) the appointment does not prevent the removal of that person from office following the making of an application under section 6 of the Trusts and 20 Succession (Scotland) Act 2024...