A review of “Scottish Trusts: A drafting guide 2nd Edition”

I would recommend this book to any solicitor in Scotland that deals with trusts.  Rennie Galbraith has produced a much needed second edition of his drafting guide.  It is published by W.Green.

I particularly liked the section on the use of Scottish terminology and the influence of English law on Scottish trust law.

“The influence of English law and practice of trust is still extremely prevalent today and certainly at a more than superficial level.   The reasons for this do not reflect well on the Scottish legal profession, those responsible for teaching the profession or those responsible for Scottish legislation.  English terminology abounds and, as a result principally of “English” legislation, which refers to “settlors” rather than “trusters” and “trusts with interests in possession” rather than “liferent trusts”.  The vast bank and array of trust taxation law tends to use English terminology.  Indeed, the trust law relating to charities could be described as almost a complete transplant of English law to the law of charities in Scotland”.

 

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