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Committee Reports
Aithisgean Chomataidh
Research Briefings
Brathan-ullachaidh Rannsachadh
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Ais-eòlas
Published by The Scottish Parliamentary Corporate Body
Stage 1 Report on the Trusts and Succession (Scotland) Bill
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Published: Friday 15 Sep 2023 (DPLRS062023R52)
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Introduction
Background and overview of the Bill
Part 1 of the Bill: trusts
Part 2 of the Bill: succession law
Overall impact of the reforms proposed in the Bill
The role of the Scottish Law Commission and its consultation on the Bill
The Scottish Law Commission's consultation on the Bill
Committee consideration of Part 1 of the Bill - Trusts
The role of the courts in the Bill
Removal of trustees deemed incapable
Decision-making by trusts
Definition of 'incapable'
Charitable trusts and the Bill
The duration of a trust
Trustees’ powers of investment
Nominees
Trustees’ duties to provide information
Private purpose trusts
Protectors
Alteration of trust purposes in family trusts
Expenses of litigation
Directions to the court
General issues relating to Part 1 of the Bill
Accessibility, guidance and publicity
Codification of trust law
Suggested proposals not currently in Part 1 of the Bill
Pension Scheme Trusts
Safeguards for sole trustees
Committee consideration of Part 2 of the Bill - Succession
The right of a spouse or civil partner to inherit
Suggested proposals not currently in Part 2 of the Bill
Unlawful killers
Cohabitants claiming a share of the deceased’s estate
Further proposed law reforms
Delegated Powers Memorandum
Financial Memorandum
Conclusions on the general principles of the Bill
Annexe A: Stakeholders' suggestions on defining terms used in Bill
Annexe B: Extracts from minutes
Annexe C: Evidence
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