Trusts (Scotland) Bill

A consideration (and criticism) of the new Trusts (Scotland) Bill

Speaker: John Kerrigan

For the most part, our Law of Trusts (or at least the basic principles) have remained the same for more than 100 years.    Minor changes have been made along the way but we are still largely operating on the basis of the Trusts (Scotland) Act 1921.    The Scottish Law Commission spent 10 years examining modernisation of Scottish Trusts – 2004-2014.    The Scottish Government has now indicated that it is minded to move forward on the reform of our Law of Trusts.    The Scottish Law Commission have produced a Trusts (Scotland) Bill.    This Seminar will deal with a consideration (and perhaps criticism) of that Bill:-

• Removal of Trustees – the Bill provides that the common law will be abolished – why?

• What does “unfitted” to be a Trustee mean – that is the word used in the Bill?

• What other issues arise from the Bill?”

John Kerrigan is a Consultant within the Blackadders Private Client Team and has over 40 years of legal practice experience, 34 of them as a Partner. Currently, John mainly deals with contested Estates and giving Opinions in succession, adults with incapacity, trusts, care and funding for the elderly.  He has granted in excess of 900 Opinions to, inter alia, The Law Society of Scotland, The Scottish Law Commission and to a large number of Scottish and foreign legal firms. In addition to this John has been cited as an expert witness in court cases involving matters of succession and adults with incapacity.