The issue of sham is most likely to be raised by the settlor's creditors or former spouse if the settlor is involved in matrimonial proceedings, who...
A trust is formed either by lifetime gift or on death when a person (the settlor) transfers assets to another person or persons (the trustees) to hold...
When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best...
Trust litigation has been classified as being of three types:•a dispute as to the trusts on which trustees hold the subject matter of the settlement•a...
Where a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married under that date but is required...
Duration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules against remoteness of vesting and against the...
This Deed of Appointment is made on [date] by [trustee] of [address] and [trustee] of [address] (the Trustees).Background(A)This Deed is supplemental...
This partial deed of revocation is made on [date] by [donor] of [address].1I granted a Lasting Power of Attorney for [Financial Decisions/Health and...
Liferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both, in the trust property...
Regulation by the Office of the Scottish Charity RegulatorThe Office of the Scottish Charity Regulator (OSCR) was created by the Charities and Trustee...
This is a glossary of common words and expressions used in Scottish private client law with the nearest England and Wales equivalent (where relevant)...
The rules regarding execution of documents governed by the laws of Scotland are contained in:•the Requirements of Writing (Scotland) Act 1995 (RW(S)A...
1Individual1.1Individual or sole trader party designation clause[insert full name of party] of [trading as [insert trading name]] of [insert address]...
Unrestricted funds—general use of assetsThe general principle which applies to the use of charity assets is that absent any specific restriction, both...
The starting point is to double check the paperwork that exists in order to determine the purposes for which the gift was made in the first place and...
Unless the charity is aimed at relieving poverty, and the individual would qualify as an object of the charity and meet any other relevant criteria,...
Both street collections and house to house collections are covered by the Public Charitable Collections (Scotland) Regulations 1984, SI 1984/565 (the...
The position is that if the company will be asking for donations to the charity as part of its engagement, solicitation statements must be made under...
Sign-in
Help
Scottish Law
