Change of Trustees - Rectifications

Where a trustee ceases to act as a trustee (by resignation etc.), then they cease to be a joint owner of the heritable property in question. Accordingly, the change to the register should be made by rectification because there will be a manifest inaccuracy in continuing to show them as owner. Such cases should be referred to the Post Registration Enquiries team.

Where a new trustee is assumed or appointed this will (subject to an exception for ex officio trustees) require a deed to be submitted for registration which will enable the title sheet to be updated. Occasionally this will be by disposition in the same way as any transfer of property: more often it will be the registration of a notice of title following an off register deed, for example a deed of assumption and conveyance.

Useful links

The Trusts and Succession (Scotland) Act 2024

Partnerships

The aforementioned exception to the rule is where property is held by ex officio trustees who become automatically entitled when appointed to the office and this change should be effected by rectification.

The following table summarises common scenarios and the footnotes confirm the authorities for the position.

Deed or event	Registrable deed under s.49 of 2012 Act ?	Notice of title required?	Evidence of inaccuracy?
Deed of assumption and conveyance	No	Yes ^{^[1]}	No
Minute of resignation of trustee	No	No	Yes ^{^[2]}
Decree of removal of trustee	No	No	Yes ^{^[3]}
Removal of Trustee by co-Trustees	No	No	Yes [4]
Appointment of new ex officio trustees	No	No	Yes ^{^[5]}
Decree authorising beneficiaries to make up title	Yes ^{^[6]}	No	No

^[1]Section 21 of the Trusts (Scotland) Act 1921 Act specifies this is a general conveyance /midcouple only.

^[2] Effect under s.20 of 1921 Act is to divest resigning trustee and accrue or devolve property on the continuing trustees without conveyance.

^[3] Effect is same as resignation under s.20 per MacDonald "Conveyancing Manual" 7^th Edition.

[4} Section 9(2), (3), (4), and (7) of the Trusts and Succession (Scotland) Act 2024 sets out the circumstances for the removal from office by a majority of co-trustees of a trustee who is no longer a member of a regulated profession or entitled to practice, and who was appointed or assumed to provide professional services in managing the trust.

^[5] The rules concerning ex officio trustees can be found in s.26 of the Titles to Land Consolidation (Scotland) Act 1868 which applies to religious and educational trusts only, and s. 45 of the Conveyancing (Scotland) Act 1874 applies to any trust but only where the office of trustee is conferred upon the holder of the office ex officio. The effect is to "effectually vest their successors in office for the time being chosen … without transmission or renewal" per s.26 and where s.45 applies a new trustee appointment has the effect of "a valid and complete title … as if he had been named in a recorded title."

^[6] Per s.24 of the 1921 Act read with s.24 of the Title to Land Consolidation (Scotland) Act 1868 and s.44 of the Conveyancing (Scotland) Act 1874.