Question reference: S5W-33879
- Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
- Date lodged: 8 December 2020
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Current status: Answered by Ash Denham on 18 December 2020
Question
To ask the Scottish Government whether it plans to amend the (a) Trusts (Scotland) Act 1921 and/or (b) common law to broaden the circumstances whereby an executor or trustee can be removed.
Answer
The Scottish Government continues to give full consideration to the extensive work of the Scottish Law Commission on reform of Scots law of trusts, which includes recommendations on the removal of trustees. Regarding executors, the Scottish Government has already committed to taking forward reforms to the law of succession to ensure that a person convicted of murder or culpable homicide should not be allowed to be executor to their victim’s estate.