Trusts for vulnerable persons—Scotland

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

Trusts for vulnerable persons—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 trust for (or with) a vulnerable Beneficiary?

A trust for a vulnerable beneficiary will fall into one of two categories:

  1. •

    a disabled person's trust; or

  2. •

    a trust for a bereaved minor (referred to as ‘relevant minors’ in statutory provision)

A trust that meets the conditions for both will be treated as a disabled person's trust, which will allow it to continue

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:
Beneficiary definition
What does Beneficiary mean?

A person who has a interest'>beneficial interest in property under a trust.

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