TY - JOUR
T1 - Prospects and Possibilities
AU - Evans, Yvonne
N1 - Copyright:
© The Edinburgh Law Review Trust and the Contributors.
PY - 2023/9
Y1 - 2023/9
N2 - After a long wait, we have the Trusts and Succession (Scotland) Bill to mull over. The proposed legislation will repeal the centenarian Trusts (Scotland) Act 1921 and replace many other provisions relating to trusts and succession. The Bill is largely the product of the Scottish Law Commission’s extensive work in this area, beginning in 2003. This article will evaluate some of the most significant changes and updates to Scots trusts law proposed in the Bill. It will also discuss additional or alternative powers and provisions which have been proposed during the Delegated Powers and Law Reform Committee’s Consultation period, in particular an express power for trustees to consider environmental, social and governance (“ESG”) aims in furtherance of the trust purposes, when making investment decisions.
AB - After a long wait, we have the Trusts and Succession (Scotland) Bill to mull over. The proposed legislation will repeal the centenarian Trusts (Scotland) Act 1921 and replace many other provisions relating to trusts and succession. The Bill is largely the product of the Scottish Law Commission’s extensive work in this area, beginning in 2003. This article will evaluate some of the most significant changes and updates to Scots trusts law proposed in the Bill. It will also discuss additional or alternative powers and provisions which have been proposed during the Delegated Powers and Law Reform Committee’s Consultation period, in particular an express power for trustees to consider environmental, social and governance (“ESG”) aims in furtherance of the trust purposes, when making investment decisions.
UR - http://www.scopus.com/inward/record.url?scp=85176443526&partnerID=8YFLogxK
U2 - 10.3366/elr.2023.0854
DO - 10.3366/elr.2023.0854
M3 - Article
SN - 1364-9809
VL - 27
SP - 391
EP - 397
JO - Edinburgh Law Review
JF - Edinburgh Law Review
IS - 3
ER -