Expenses 65 Expenses of litigation (1) Subject to the following provisions of this section, a trustee does not incur personal 20 liability for the expenses of civil litigation to which the trust is party. (2) Subject to subsection (6), if such expenses are found to be recoverable from the trust but the trust property is insufficient to meet the expenses then the excess is recoverable from the personal property of the trustees (liability being joint and several). (3) A trustee may be found personally liable, in whole or in part, for the expenses of civil 25 litigation to which the trust is party if— (a) the litigation is, in the opinion of the court, unnecessary, (b) the litigation relates to the trustee’s opposing the appointment of a judicial factor to administer the trust in place of the trustee and the trustee is unsuccessful both— (i) in opposing the appointment, and 30 (ii) as regards being removed from office, (c) the litigation relates to the trustee’s opposing the reduction of the trust deed and the trustee is unsuccessful in opposing the reduction, (d) the trustee has, by breach of duty, brought about the litigation, (e) the trustee is part of a minority of the body of trustees and that minority has, in 35 the name of the trust, pursued the litigation— (i) without consulting such of the other trustees as are both capable and traceable, and (ii) unsuccessfully, or 39 Trusts and Succession (Scotland) Bill Part 1—Trusts Chapter 8—Powers of the court (f) the trustee is part of a minority of the body of trustees and that minority has, in the name of the trust, defended the litigation— (i) without consulting such of the other trustees as are both capable and traceable, and 5 (ii) without the defence being of any benefit to the trust. (4) Where, by virtue of subsection (3), a trustee is found personally liable for the expenses of civil litigation to which the trust is party, the court may allow the trustee relief against the trust property if and in so far as the court considers it appropriate to do so. (5) Subsection (6) applies where a trust is party to ongoing civil litigation. 10 (6) On the application of a trustee the court may, if it considers it would be unfair not to 1 do so, relieve the trustee of personal liability for certain expenses— (a) incurred, or (b) yet to be incurred. (7) This section applies irrespective of when the trust was created. 15 66 Expenses of application (1) Any question of expenses in relation to an application under this Act is to be determined by the court. (2) Without prejudice to the generality of subsection (1), the court may, if it considers it reasonable to do so, direct that any such expenses be paid out of the trust property. 20 Miscellaneous powers 67 Authorisation to make payments on basis that an event has or has not occurred or will or will not occur (1) The court may, on the application of one or more of the trustees or of any person with an interest in the trust property, grant an order authorising the trustees to make payments 25 from the trust property on the basis that an event specified in the application— (a) has, or has not, occurred, or (b) will, or will not, occur. (2) An order under subsection (1) may be granted on such conditions as the court thinks fit to impose. 30 (3) Should it be found that the basis on which the order was granted was untrue, a trustee who has acted in accordance with the order incurs no personal liability unless, in connection with the making of the application— (a) some relevant fact was concealed from the court— (i) by the trustee, or 35 (ii) by some other person and the trustee knew, or ought to have known, of the concealment, or 40 Trusts and Succession (Scotland) Bill Part 1—Trusts Chapter 8—Powers of the court (b) there were fraudulent actings— (i) on the part of the trustee, or (ii) on the part of some other person and the trustee knew, or ought to have known, of those actings and that they were fraudulent. 5 (4) This section is without prejudice to any right of a beneficiary to recover trust property from a person to whom, by virtue of the order, a payment has been made or from any successor of such a person. (5) This section applies irrespective of when the trust was created. 68 Completion of title by beneficiary 10 (1) A beneficiary absolutely entitled to heritable or incorporeal moveable property, title to 1 which has been taken in the name of a trustee who has died or become incapable without having executed a conveyance (or as the case may be an assignation) of the property, may apply to the court for authority to complete title to the property in the beneficiary’s own name. 15 (2) The court may, on any such application, grant warrant for completing title to the property. (3) Any such warrant is effectual as a conveyance (or as the case may be as an assignation) of the property in favour of the beneficiary. (4) Reference in subsections (1) and (3) to a beneficiary includes reference to any person deriving right from a beneficiary. 20 (5) This section applies irrespective of when the trust was created. 69 Warrant to vest corporeal moveable property in beneficiary where trustee has died or become incapable (1) This section applies where— (a) a trustee has died or become incapable vested in corporeal moveable property to 25 which a beneficiary is absolutely entitled, but (b) delivery of the property to, or possession of the property by, the beneficiary is required for the property to vest in the beneficiary. (2) The court may, on the application of the beneficiary, grant warrant for the property to vest in the beneficiary. 30 (3) Any such warrant is effectual to vest the property in the beneficiary, as at the date of the warrant, as if the beneficiary had taken delivery or possession of the property on that date. (4) Reference in subsections (1) to (3) to a beneficiary includes reference to any person deriving right from a beneficiary. 35 (5) This section applies irrespective of when the trust was created. 41 Trusts and Succession (Scotland) Bill Part 2—Succession 70 Superintendence order as to investment and distribution of trust property (1) The court may, on the application of one or more of the trustees, order the accountant...