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All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
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Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
The final question is on part 2. As you will have heard in our previous evidence session, the committee has heard proposals for three policies that could be added to part 2 to improve it. The first is the creation of exceptions to legal rights as they currently apply to protect from disinheritance, which came from Professor Paisley; the second is the amending of the current strict six-month time limit that applies in the context of the cohabitant’s power to apply to the court for a share of the deceased’s estate, which came from the Faculty of Advocates and Yvonne Evans; and the third is clarifying that the law does not permit an unlawful killer to be an executor of their victim’s estate, which came from Professor Paisley and Professor Gretton.
We are keen to hear your views on those three proposals.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Is everyone in agreement?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
We move on to section 19 of the bill, which provides that, unless the trust deed says otherwise, trustees could use a nominee in respect of any of the trustees’ powers. A nominee is someone to whom a trustee transfers ownership of trust property, often for investment purposes. The law firm CMS Cameron McKenna Nabarro Olswang is concerned that, as it is currently drafted, section 19 of the bill on nominees may not go far enough in capturing the ways in which trusts are used in the financial services sector. Specifically, the firm has said that doubt would remain as to whether trustees can use nominee custody structures and sub-custodians.
Do the witnesses have any views on the current scope of section 19 and the risks identified by CMS?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
That is helpful; thank you.
10:26 Meeting suspended.Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
I have a supplementary question for Alan Barr. You indicated that there is a spectrum of incapacity and that trusts might look at excluding people from specific aspects of decision making or from specific aspects of the trust. How easy or difficult would it be to do that?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Do you wish to come in, Joseph?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Okay. Thank you. Mercedes, do you have anything else to ask about?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
It might be worth while to consider the matter. If you were to think of anything after the meeting, you could always send it in.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
No—I am certainly not suggesting that.