ABSTRACT
The Trusts and Succession (Scotland) Act 2024 introduces a codified scheme for private purpose trusts into Scots law – a bold and novel development, especially for an ‘onshore’ jurisdiction. This article, intrigued by this legislative innovation, evaluates the 2024 Act’s relevant provisions and considers whether this might signal a broader trend for England and Wales. It is argued that, despite England’s strict approach to the beneficiary principle, orthodox common law does not and need not prohibit similar statutory reforms. There exists both conceptual and doctrinal flexibility to move beyond current orthodoxies, alongside compelling commercial and practical reasons to do so.
Lloyd Brown and Andrew Iwobi, Private purpose trusts in England and Wales following the Trusts and Succession (Scotland) Act 2024: a sign of things to come?, Trusts & Trustees. Published: 20 June 2025.
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