Trust Disputes in Scotland - The Current Position under the New Trust & Succession (Scotland) Act

Introduction

As the new Trust & Succession (Scotland) Act received Royal Assent in January 2024, practitioners should be live to the changes in the law, particularly where a dispute has or may arise.

This session will go through some of the key areas where disputes arise in practice and will provide practical advice on approaching these issues whether acting for the beneficiaries or the trustees in these scenarios.

This session is aimed at anyone dealing with the administration of Trusts in Scotland where disputes arise.

What You Will Learn

This live and interactive course will cover the following:

• The removal of trustees - what can and cannot be achieved outside of court and new issues with the legislation
• Seeking trust information - is there clarity on what can be obtained or what the court options are?
• Breaches of trust - how has the duty of care changed and what defences are available to trustees?
• Trustees’ liability - when are trustees personally liable or delictually liable for co-trustees?
• Other quirks from the new Act - what new areas of dispute might be seen following these changes?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.