Trust & succession law

Consultation Paper on Public and Charitable Trusts: Amalgamation of Functions and Common Investment Funds

The paper contains two broad sets of proposals. The first set is designed to facilitate efficiencies for public trusts, including charitable ones, through the sharing of certain administrative functions. The second set of proposals seeks to allow two types of charitable investment fund, which are currently available elsewhere in the UK, to be set up under Scots law. These funds offer considerable advantages for all charities, whether in the form of a trust or not.

Consultation on Defects in the Exercise of Fiduciary Powers

As part of their wide-ranging review of trust law which began in 2003, the Scottish Law Commission issued this consulation paper in December 2011, following the responses received to their discussion paper, Supplementary and Miscellaneous Issues relating to Trust Law. This consultation paper makes specific proposals of whether decisions by trustees or other fiduciaries should be capable of being reduced by the court in certain circumstances.