University of Dundee

This Practice Note written by Yvonne Evans, Law Lecturer, University of Dundee, summarises how trusts arise under Scottish law. It considers both the express creation of trusts, as well as trusts arising by operation of law.

This Practice Note written by Yvonne Evans, Law Lecturer, University of Dundee, provides an introduction to the description and classification of trusts. It deals with the dual patrimony theory and includes a description of the main trusts, such as express and implied trusts, that will be routinely encountered.

This Practice Note written by Yvonne Evans, Law Lecturer, University of Dundee, summarises the rights of trust beneficiaries under Scottish law. It discusses the general nature of those rights; the rights of beneficiaries when a trustee becomes insolvent, including remedies.

This Practice Note written by Yvonne Evans TEP, Law Lecturer, University of Dundee briefly describes the historical development of trust law in Scotland, including its civil law and Roman law origins. It also mentions the English law influences on Scots trust law, as well as the reforms proposed by the Scottish Law Commission in its 2014 Report on Trust Law.

This Practice Note deals with the methods of varying a trust to include such situations as may be dealt with at common law and by statutory means. Details of relevant legislation and cases are given together with the procedures to be adopted in respect of a court application.