Q&As

Can the trustees of a personal injury trust governed by English law acquire real property in Scotland? Are there any restrictions under Scottish law as to who can act as trustee of such a trust?

read titleRead full title
Published on LexisPSL on 15/08/2018

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Can the trustees of a personal injury trust governed by English law acquire real property in Scotland? Are there any restrictions under Scottish law as to who can act as trustee of such a trust?
  • Can a trustee acquire property in Scotland?
  • Who can act as a professional trustee?

Can the trustees of a personal injury trust governed by English law acquire real property in Scotland? Are there any restrictions under Scottish law as to who can act as trustee of such a trust?

Can a trustee acquire property in Scotland?

Section 8 of the Trustee Act 2000 (TrA 2000) permits a trustee (of a trust governed by the laws of England and Wales) to acquire freehold or leasehold land in the United Kingdom:

  1. as an investment

  2. for occupation by a beneficiary

  3. for any other reason

Freehold or leasehold land includes an estate in Scotland (TrA 2000, s 8(2)(b)(i)). Therefore, unless the trust document excludes the trustees from acquiring land in Scotland (TrA 2000, s 9) or an exclusion in TrA 2000, s 10 applies, the trustees may acquire property in Scotland.

Note that in acquiring any property the trustees must carry out their duties. See Practice Notes: Trustees—duties and Trustees—trustee investment powers.

Who can act as a professional

Related documents:

Popular documents