Personal Injury trusts—Scotland

Copyright © 2025 LexisNexis
Produced in partnership with Pete Murrin of Turcan Connell
Practice notes
Scottish Law

Personal Injury trusts—Scotland

Copyright © 2025 LexisNexis

Produced in partnership with Pete Murrin of Turcan Connell

Practice notes
Scottish Law
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FORTHCOMING CHANGE: The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30 January 2024, marking the first review of trusts law in Scotland in over 100 years since the principal legislation, the Trusts (Scotland) Act 1921, was passed. The trusts provisions require secondary legislation from Scottish Ministers to be brought into force whereas some provisions relating to succession law came into effect on 30 April 2024. The main changes to modernise the law are summarised in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes on areas of Scottish trusts and succession law will be updated further to reflect this new legislation.

What is a Personal injury (‘PI’) trust?

A PI trust is:

  1. •

    any form of legal trust structure

  2. •

    holding payments received in consequence of a personal injury

  3. •

    for the benefit of the injured person

The PI trust derives its identity from the source of the trust property and the Beneficiary.

It follows that a trust holding payments in consequence of a Fatal injury and

Pete Murrin
Pete Murrin

Partner, Turcan Connell

Pete advises clients on estate and succession planning, the formation and administration of trusts, taxation of trusts and estates, personal and commercial succession of family businesses, the preparation of Wills, adults with incapacity, and international inheritance and succession matters for high-net-worth clients. He has particular expertise in dealing with contentious trust, estate (testate and intestate) and pension death benefits matters for individual and business clients. Pete also has considerable experience in the field of Trust formation and administration generally and Personal Injury Trusts specifically.

He is a member of the Society of Trust and the Estate Practitioners and accredited by the Law Society of Scotland as a specialist in Trusts Law and Private Client Tax, and by the Society of Trust and Estate Practitioners as a TEP. 

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Personal injury definition
What does Personal injury mean?

An injury to the body or mind as opposed to property.

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