Trusts in Scotland

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Practice notes
Capital gains tax issues on deathSTOP PRESS: The Office of Tax Simplification published its first report on the review of capital gains tax (CGT) on...
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19th May
Practice notes
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
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19th May
Practice notes
Taxation of age 18–25 trusts—IHTThe special category of age 18–25 trusts was introduced by Finance Act 2006 (FA 2006) to offer some compensation for...
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Produced in partnership with Paul Davies of Clarke Willmott 19th May
Practice notes
Private Client—Luxembourg—Q&A guideTaxation regimeWhat factors determine tax liability in your jurisdiction (eg domicile, residence or...
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Produced in partnership with Eric Fort of Arendt & Medernach 19th May
Practice notes
CGT—giftsA gift of an asset is a disposal for capital gains tax (CGT) purposes. It can, therefore, trigger a CGT charge on the gain deemed to have...
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Produced in partnership with Laura Poots (Barrister) of Pump Court Tax Chambers 19th May
Practice notes
Beddoe applicationsWhen trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 19th May
Precedents
This Deed OF REVOCATION is made on [date] by me [name of donor] of [address of donor].This Deed provides:1Revocation...
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19th May
Practice notes
Trustees—statutory powers of trusteesSource and availabilitySourcesTrustees have certain powers conferred on them by statute, in particular by the...
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19th May
Practice notes
Trustees—removal of trusteesA trustee may be removed against their will in any of the following ways:•under an express power in the trust...
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19th May
Practice notes
The Cy-près doctrineFORTHCOMING CHANGE: On 22 March 2021, the government published its response  to the Law Commission’s report of 14 September 2017,...
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19th May
Q&As
Can a life tenant in a Will bring a life interest to an end by choosing to end it themselves or does it only expire on death?Life tenantsA life...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Practice notes
Capacity to litigateOn the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without...
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19th May
Practice notes
Costs and expenses in the Court of ProtectionThere are court fees and disbursements which will be payable by all applicants on making a new...
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19th May
Practice notes
Acceptance in Lieu scheme and other heritage property reliefsSTOP PRESS: HMRC has updated its guidance on calculating the special price in Acceptance...
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19th May
Practice notes
Cayman Islands STAR trusts—common usesThis Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman...
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Produced in partnership with Mourant Ozannes and Carey Olsen 19th May
Practice notes
Beneficial ownership registers—private clients and trustsCORONAVIRUS (COVID-19): Certain aspects of the PSC regime are affected by temporary measures...
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19th May

Most recent Trusts in Scotland content

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...
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15th Jul
Practice notes
Scottish trust law—overview and historical developmentCivilian origin of Scots trust law and fideicommissumThe law of trusts in Scotland is...
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Produced in partnership with Yvonne Evans of University of Dundee 14th Jul
Practice notes
Variation of trusts—ScotlandUnder the common law, the opportunities for varying the terms or purposes of a trust are very limited once the trust has...
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Produced in partnership with Yvonne Evans of University of Dundee 13th Jul
Practice notes
Rights of beneficiaries under Scottish lawGeneral nature of beneficiaries’ rightsThe right of the beneficiaries of a trust is generally considered in...
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Produced in partnership with Yvonne Evans of University of Dundee 13th Jul
Practice notes
Nature and classification of trusts—ScotlandDefinitionsIt is difficult to find a wholly satisfactory definition of ‘trust’, given the range of...
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Produced in partnership with Yvonne Evans of University of Dundee 9th Jul
Practice notes
Creation of trusts in ScotlandExpress creation of trustsA trust is constituted expressly where the owner of property (the truster) transfers property...
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Produced in partnership with Yvonne Evans of University of Dundee 9th Jul
Practice notes
Trusts for vulnerable persons—ScotlandWhat is a trust for (or with) a vulnerable beneficiary?A trust for a vulnerable beneficiary will fall into one...
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Produced in partnership with Pete Murrin of Turcan Connell 15th Jun
Practice notes
Powers and duties of trustees—ScotlandIt is worth noting at the outset that powers will enable trustees to act and give effect to the trust purposes...
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Produced in partnership with Pete Murrin of Turcan Connell 15th Jun
Practice notes
Discretionary trusts—ScotlandWhat is a discretionary trust?A discretionary trust or discretionary settlement is an arrangement created when an...
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Produced in partnership with Pete Murrin of Turcan Connell 15th Jun
Practice notes
Termination of trusts—ScotlandRevocation by the settlorTestamentary trustsWill trusts (or testamentary trusts) are capable of being revoked up until...
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Produced in partnership with Pete Murrin of Turcan Connell 15th Jun
Practice notes
Personal Injury trusts—ScotlandWhat is a Personal Injury (‘PI’) trust?A PI trust is:•any form of legal trust structure•holding payments received in...
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Produced in partnership with Pete Murrin of Turcan Connell 15th Jun
Practice notes
Appointment and removal of trustees—ScotlandAppointment as trustee in Will or deedIn practice, trustees are appointed (or nominated) in the relevant...
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Produced in partnership with Pete Murrin of Turcan Connell 15th Jun
Practice notes
Coronavirus (COVID-19)—Scotland trackerThis table below contains an archive of news analysis on Scotland and Scots law developments of general...
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6th Jun
Practice notes
Liferent trusts—ScotlandLiferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both,...
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Produced in partnership with Pete Murrin of Turcan Connell 5th Jun
Practice notes
Glossary of Scottish private client words and expressionsThis is a glossary of common words and expressions used in Scottish private client law with...
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5th Jun
Practice notes
Administration of Trusts—ScotlandTrust administration in practise might be informed by:•the type and nature of the trust•the type of trust property...
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Produced in partnership with Pete Murrin of Turcan Connell 5th Jun
Practice notes
Coronavirus (COVID-19) implications for dispute resolution in ScotlandThis Practice Note provides guidance on how the Scottish civil courts are...
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5th Jun
Precedents
Style party designation and execution clauses—property—Scotland1Individual1.1Individual or sole trader party designation clause[insert full name of...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 5th Jun
Practice notes
Virtual execution under Scots lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 4th Jun
Practice notes
Execution of documents under Scots lawThe rules regarding execution of documents governed by the laws of Scotland are contained in:•the Requirements...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 4th Jun

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