Monday, 12 December 2011

UK: Scotland: the defective exercise of fiduciary powers

The Scottish Law Commission has published a consultation paper in which it sets out proposals for a statutory procedure under Scots law to permit challenge to the exercise of fiduciary powers which are defectively exercised: see here (pdf). Whilst the Commission notes that the exercise of discretionary powers by trustees is the main area of interest, its proposal would apply to all exercises of fiduciary powers.

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