Why use two words when just one would do? : Some thoughts on Section 15 of the Trusts and Succession (Scotland) Act 2024

Brown, Jonathan (2024) Why use two words when just one would do? : Some thoughts on Section 15 of the Trusts and Succession (Scotland) Act 2024. Edinburgh Law Review. ISSN 1364-9809 (In Press)

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Abstract

Comments on s.15 of the Trusts and Succession (Scotland) Act 2024, noting that the section is intended to codify the pre-existing Scots common law position, but does so using the language of English 'equity'. Notes that this has the potential to cause serious problems, of the kind identified following the infamous case of Sharp v Thomson, though on an even wider scale as the legislation is of general and indeed at points retrospective application. Suggests that rather than using the language of 'beneficial entitlement', the drafters of the section ought rather to have simply used the language of 'ownership' and that, as they have not, it would be best for the Scottish Ministers to omit to bring this particular section of the Act into force.

ORCID iDs

Brown, Jonathan ORCID logoORCID: https://orcid.org/0000-0002-9198-9672;
CORE (COnnecting REpositories)