New trusts and succession measures improve public protections

New measures have come into force to prevent those convicted of murder or culpable homicide from acting as an executor to their victim’s estate.

The Provisions of The Trusts and Succession (Scotland) Act 2024,  which take effect from 26 June 2024, provide additional, important public protections in enabling the court to remove executors who are being prosecuted or have been convicted of the murder or culpable homicide of the deceased.

They also simplify the process for a majority of co-trustees to remove a trustee who has been appointed due to their professional status, but who is no longer a regulated member of their  professional body.

Alan Barr, Convener of the Law Society of Scotland’s Trust and Succession Committee, said: “The commencement of these provisions marks another welcome step towards the modernisation of trust law, which we have long been campaigning for.

“While it was previously possible to apply to the court to have executors removed in exceptional circumstances, this could result in additional cost, delay and potentially further emotional distress for beneficiaries.

“These important regulations provide additional public protections and we welcome the clarity they provide in circumstances which while unusual, can have a detrimental impact for the individuals involved.

“We look forward to further provisions of the Act coming into force."

Find out more on the Scottish Government website