ABSTRACT
The proposed reform under the Trusts and Succession (Scotland) Bill seeks to put a certain view of the modern function of trusts law on a legislative footing. It takes significant inspiration from jurisdictions which have a predominantly commercial trust regime. Two types of reform are evident in the Bill. At times it modernises the traditional Scottish trust in line with a commercial functional evolution. However, through the introduction of new parties (the protector and the supervisor) and a new offshore style trust (the private purpose trust), the reform may more accurately be described as a wholesale transformation of the traditional Scottish trust form.
Harris, Lauren and Jefferson, Emily, On the Trusts and Succession (Scotland) Bill: Modernisation and Transformation (October 1, 2023), Trusts e Attività Fiduciarie [2023] No 5 (settembre-ottobre), Diritto vivente, discussione p 908.
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