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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 23 July 2025
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Displaying 1472 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

I will work with officials and report back to the committee.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

The SLC proposed that its recommendations be given effect by the amendment of sections of the Court of Session Act 1988. However, those sections were repealed back in 2014, at around the same time that it published its report on trust law. It is not our intention to do away with that useful method for trustees to obtain advice on administrative difficulties that are encountered in a trust, and the repealed provisions of the 1988 act were replaced by a much wider and more general power for the court to determine its own procedure, which could include powers to give directions. That is why the relevant section was removed from the SLC’s draft bill for introduction.

Officials communicated the decision to remove the provision from the SLC’s draft bill to the Lord President’s private office when the bill was introduced. I have listened to the views of various stakeholders who have given evidence to the committee—in particular, to the view of the senators of the College of Justice—and I am happy to take the matter away and consider it further.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

You raise some valid points. We are happy to consider them.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

I am very willing to work with the committee on the issue. I am committed to introducing reform that would prevent a person who has been convicted of murder from being an executor of their victim’s estate, and my officials and I will explore what can be done in the context of the bill to ensure that that happens.

As the committee is aware, the Scottish Law Commission did not produce recommendations on the matter, so the bill as introduced does not mention it. There was consensus on the matter when the Scottish Government consulted on it in 2019, which is why we are committed to introducing reform at the next legislative opportunity. The existing law is not clear.

I understand that Professor Paisley has written to the committee with his view, but that the leading academic textbook on confirmation of executors appears to take a different view. Depending on questions of scope, the bill could be used to bring the needed clarity. My officials and I are actively considering the issue. Recently, the SLC announced that it will look at executory law in its eleventh programme. I will consider our approach in the light of that announcement.

It is important that whatever is taken forward is capable of working in practice, because we do not want to have a situation in which the deceased’s estate cannot be administered or the administration of it is called into question. That is not to say that the bill does nothing. Section 6 will make it more straightforward to remove a murderer from the role of executor, and the jurisdiction is extended to the sheriff court. However, I reiterate my commitment to introducing reforms that would prevent a person who has been convicted of murder from being an executor of their victim’s estate.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

I am happy to do so.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

Scottish Government officials who have been working on the bills are aware of the provisions in each. Trust law is relevant to charities only where the charity takes the legal form of a trust. Therefore, the bill will not impact on all charities. Generally, trust law and charity law operate in parallel, as is the case where charities take other legal forms, such as companies. As both bills progress through Parliament, officials will continue to work closely together to consider the ways in which they interact.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

I think that one of my officials on the legal side—perhaps Jamie Bowman—would like to respond.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

Yes. So far, we have had positive engagement with the officials at the Office of the Advocate General, the Scotland Office and other United Kingdom Government departments on using a section 104 order to apply the bill’s provisions to pension trusts.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

I do not think that the bill is going to produce much litigation—certainly not in the long term—but I recognise the cost issue. I am sorry, but I do not have information on that in front of me.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Siobhian Brown

No. It is still under consideration.