Prospects and Possibilities

Yvonne Evans

doi:10.3366/elr.2023.0854

Prospects and Possibilities

Yvonne Evans (Lead / Corresponding author)

Dundee Law School

Research output: Contribution to journal › Article › peer-review

1 Citation (Scopus)

145 Downloads (Pure)

Abstract

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.

Original language	English
Pages (from-to)	391-397
Number of pages	7
Journal	Edinburgh Law Review
Volume	27
Issue number	3
DOIs	https://doi.org/10.3366/elr.2023.0854
Publication status	Published - Sept 2023

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title = "Prospects and Possibilities",

abstract = "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{\textquoteright}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{\textquoteright}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.",

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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.

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Prospects and Possibilities

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