Skip to main content
Loading…

Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

Criathragan Hide all filters

Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 14 September 2025
Select which types of business to include


Select level of detail in results

Displaying 2246 contributions

|

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Thank you. I am sorry, Jeremy.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

If the Government will not consider carrying out a media campaign, will it consider writing to each trust after the legislation is passed, to make them aware that new legislation is in place, and to provide helpful links in any correspondence so that trustees can then look at those themselves?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Jeremy Balfour has a question about that.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

We move on to the issue of what happens when someone dies without leaving a will. Currently, a cohabitant has six months to apply to the court in order to access the deceased person’s estate. We have heard a lot of evidence on the strict six-month time limit. It is fair to say that the majority feel that that time period is far too short. Various witnesses have suggested that the bill should be amended to address the issue, and there have been several suggestions about the specific nature of any changes. Having heard the views that have been expressed in evidence, is the minister persuaded that the bill should be amended to change the six-month time limit, or are there drawbacks to a change in policy?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Thank you, minister. The Faculty of Advocates argued that a power for the court to extend the time limit on an individual case-by-case basis should have been included in the bill; indeed, it did not think that that particular aspect would be controversial. It also suggested that it would help grieving and vulnerable cohabitants navigate family dynamics after the death. I should add that Yvonne Evans suggested that the time limit simply be extended to 12 months, and others thought that that should be the case, too.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Just before I bring in Jeremy Balfour, I want to pick up the point about grief. Obviously, grief affects everyone differently, so the six-month time period might be far too short for some individuals. Therefore, the recommendation from the Faculty of Advocates on extending the period on an individual case-by-case basis could be a compromise in the bill. That said, there was strong evidence in support of a full extension to 12 months.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Okay.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Will the Scottish Government send that research to the SLC for additional work or will it remain solely for the Scottish Government?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

A couple of weeks ago, at the conveners’ group meeting, I asked the First Minister whether he thought that some type of protocol regarding section 104 orders would be useful, as this is the second—and probably not the last—SLC bill in which the situation has arisen. Although my question is not about the bill per se, do you think it would be worth while considering some type of protocol between the Scottish and UK Governments on section 104 orders?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 6 June 2023

Stuart McMillan

Assuming that the bill is passed by the Parliament, can you indicate how long you think that it will take for any associated section 104 order to come into force? What legislative options are there to ensure that the bill’s commencement is not delayed and that there will be no black hole or gap in the law applying to pension scheme trusts?