Trusts in Scotland

Trusts in Scotland

The content on Trusts in Scotland provides an essential resource for Scottish practitioners, as well as practitioners in England and Wales with clients who need advice on cross-border issues.

Although there are similarities, the trust in Scottish law is conceptually different to the trust in English law. In Scotland, the law of trusts is based not on the dualism of legal and equitable ownership nor on obligations enforceable in equity, there being no distinction of law and equity in Scotland, but on the principle of property being vested in trustees as legal owners subject to the burden of their holding and administering it for the trust purposes, for the benefit of persons who have claims on the trust estate.

Furthermore, Scots law has its own trusts legislation: the Trusts (Scotland) Act 1921 and the Trusts (Scotland) Act 1961. This legislation

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