University of Dundee

FORTHCOMING CHANGE: The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30 January 2024, marking the first review of trusts law in Scotland in over 100 years since the principal legislation, the Trusts (Scotland) Act 1921, was passed. Some provisions relating to succession law came into effect on 30 April 2024, while others are not yet in force. The main changes to modernise the law are summarised in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes on areas of Scottish trusts and succession law will be updated further to reflect this new legislation.This Practice Note discusses the provisions under section 29 of the Family Law (Scotland) Act 2006 (FL(S)A 2006) relating to the right of a surviving cohabitant to apply to the court for an order for payment from an intestate estate in Scotland. The court has discretion as to whether or not to grant an award where an application is made.The provisions apply to same or mixed sex couples,

This Practice Note written by Yvonne Evans, Law Lecturer, University of Dundee, summarises how trusts arise under Scottish law. It considers both the express creation of trusts, as well as trusts arising by operation of law.

This Practice Note written by Yvonne Evans, Law Lecturer, University of Dundee, provides an introduction to the description and classification of trusts. It deals with the dual patrimony theory and includes a description of the main trusts, such as express and implied trusts, that will be routinely encountered.

This Practice Note written by Yvonne Evans, Law Lecturer, University of Dundee, summarises the rights of trust beneficiaries under Scottish law. It discusses the general nature of those rights; the rights of beneficiaries when a trustee becomes insolvent, including remedies.

This Practice Note written by Yvonne Evans TEP, Law Lecturer, University of Dundee briefly describes the historical development of trust law in Scotland, including its civil law and Roman law origins. It also mentions the English law influences on Scots trust law, as well as the reforms proposed by the Scottish Law Commission in its 2014 Report on Trust Law.

This Practice Note deals with the methods of varying a trust to include such situations as may be dealt with at common law and by statutory means. Details of relevant legislation and cases are given together with the procedures to be adopted in respect of a court application.