The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 2526 contributions
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Is the committee content with the instrument?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Under item 3, we are considering one instrument subject to the negative procedure, on which no points have been raised.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Is the committee content with the instrument?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Fair enough. Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
I welcome our second panel of witnesses: Alan Barr, who is the convener of the trusts and succession law sub-committee of the Law Society of Scotland; Laura Dunlop KC, who is the convener of the law reform committee of the Faculty of Advocates; Sarah-Jane Macdonald, who is a committee member of STEP Scotland; and Ken Swinton, who is a council member of the Scottish Law Agents Society.
I ask Jeremy Balfour whether he has anything to declare.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
The final question is on part 2. As you will have heard in our previous evidence session, the committee has heard proposals for three policies that could be added to part 2 to improve it. The first is the creation of exceptions to legal rights as they currently apply to protect from disinheritance, which came from Professor Paisley; the second is the amending of the current strict six-month time limit that applies in the context of the cohabitant’s power to apply to the court for a share of the deceased’s estate, which came from the Faculty of Advocates and Yvonne Evans; and the third is clarifying that the law does not permit an unlawful killer to be an executor of their victim’s estate, which came from Professor Paisley and Professor Gretton.
We are keen to hear your views on those three proposals.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Is everyone in agreement?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
We move on to section 19 of the bill, which provides that, unless the trust deed says otherwise, trustees could use a nominee in respect of any of the trustees’ powers. A nominee is someone to whom a trustee transfers ownership of trust property, often for investment purposes. The law firm CMS Cameron McKenna Nabarro Olswang is concerned that, as it is currently drafted, section 19 of the bill on nominees may not go far enough in capturing the ways in which trusts are used in the financial services sector. Specifically, the firm has said that doubt would remain as to whether trustees can use nominee custody structures and sub-custodians.
Do the witnesses have any views on the current scope of section 19 and the risks identified by CMS?