Journal article 104 views 24 downloads
Private purpose trusts in England and Wales following the trusts and succession (Scotland) Act 2024: a sign of things to come?
Trusts & Trustees, Start page: ttaf044
Swansea University Authors:
Lloyd Brown, Andrew Iwobi
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PDF | Version of Record
© The Author(s) (2025). This is an Open Access article distributed under the terms of the Creative Commons Attribution License (CC BY).
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DOI (Published version): 10.1093/tandt/ttaf044
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 consid...
| Published in: | Trusts & Trustees |
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| ISSN: | 1363-1780 1752-2110 |
| Published: |
Oxford University Press (OUP)
2025
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| Online Access: |
Check full text
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| URI: | https://cronfa.swan.ac.uk/Record/cronfa69637 |
| 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. |
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| College: |
Faculty of Humanities and Social Sciences |
| Funders: |
Swansea University |
| Start Page: |
ttaf044 |