Trusts and Succession (Scotland) Bill - Consultation

Closes 17 Mar 2023

Opened 6 Jan 2023

Overview

Share your views on the Trusts and Succession (Scotland) Bill with the Delegated Powers and Law Reform Committee.

The Scottish Government introduced the Trusts and Succession (Scotland) Bill on 22 November 2022.

The Bill aims to change the law relating to:

  • trusts, how they are administered and managed (Part 1 of the Bill)
  • succession, which says who has the right to inherit when someone dies, and in what order (Part 2 of the Bill)

A trust is a legal device which allows assets to be owned by one person or organisation, while a different individual, organisation, or section of the general public, benefits from those assets in practice.

Trusts are used for a wide range of purposes, affecting families, businesses, charities and financial institutions. The proposals in Part 1 of the Bill would substantially reform the law relating to trusts.

Part 2 of the Bill (section 72) concentrates on the part of succession law which applies when someone dies without leaving a will. It would strengthen the position of the deceased person’s spouse or civil partner, compared to their position under the current law.

Read more about the Bill

The Delegated Powers and Law Reform Committee is responsible for scrutinising the Bill in the Scottish Parliament. The Committee would like to know your views on the changes to the law that are proposed in this Bill.

You can share your views by completing this consultation.

Please answer any of the questions that are of interest to you. You don’t need to answer all of the questions.

Questions

Please answer any of the questions that are of interest to you. You don’t need to answer all the questions.

Please note that we can only accept submissions via the online platform. If, for accessibility reasons, you require assistance to share your views and are unable to use the platform, please contact the clerks.

1. What are your views on the proposals contained in Chapter 1?

2. What are your views on the proposals contained in Chapter 2?

3. What are your views on the proposals on advances to beneficiaries?

4. What are your views on the rest of the proposals contained in Chapter 3?

5. What are your views on the proposals on court powers to change trust purposes in Chapter 8?

6. What are your views on the other court powers in Part 1 of the Bill?

7. Do you have any comment on any other chapter of Part 1 of the Bill (specifically Chapters 4- 7)?

8. What are your views on the proposals contained in Part 2 of the Bill?

9. Is there anything which you would like to have seen in the Bill which has not been included? If so, please provide details.

10. Are there any other comment you would like to make on the Bill more generally? If so, please give details.

How to submit your views

Please submit your views using the online submission form, linked to below.

We welcome written views in English, Gaelic, Scots or any other language. 

The call for views closes on Friday 17 March 2023.

Interests

  • DPLR