˿

Skip to main content
Loading…

Chamber and committees

Official Report: search what was said in Parliament

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

Filter your results 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 5 May 2021
  6. Current session: 12 May 2021 to 8 August 2025
Select which types of business to include


Select level of detail in results

Displaying 418 contributions

|

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Mercedes Villalba

Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Mercedes Villalba

I have a follow-up question. Would amending the bill in line with that approach mean that the definition would automatically be updated when it was updated in the 2000 act? Is it a more streamlined option for future proofing the bill—if, instead of having a set definition, it refers to the definition and interpretation in another act?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Mercedes Villalba

Ms Evans, when it comes to practical ways of amending the bill, would the statement that you mentioned be in the form of a “for the avoidance of doubt” clause? How do you see it working in practice?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Mercedes Villalba

Thank you.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Mercedes Villalba

I think that it does. The issue that the committee is grappling with is how we might allow for separation to be a factor without excluding people in similar circumstances to the examples that were given by Professor Paisley, where the surviving spouse is not normally living with the deceased. There are a whole range of situations in which that might occur. How do we define separation without it merely being geographical? There are many circumstances in which people might be physically separated but still together, as it were.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 9 May 2023

Mercedes Villalba

I will move on to sections 65 and 66, on the expenses of litigation. The Law Society, although supportive of the bill overall, is very concerned about the policy current underpinning section 65, which provides principles to determine how legal bills are paid for in trust cases. The Law Society says that trustees should not find themselves personally liable for the expenses of litigation where there is insufficient trust property. The Law Society thinks that section 65 will deter people from becoming trustees and may lead them to unfavourably settle or abandon legal proceedings for fear of personal liability. Do you share those concerns or can you offer the committee any reassurance in that regard?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Mercedes Villalba

Good morning. A key theme of the responses to the committee’s call for views was that it is important that the legislation is accessible to trustees and beneficiaries without legal backgrounds. Lady Paton, you alluded to that in your opening remarks. Ideas that the committee received to enhance accessibility included drafting changes, Government guidance, a publicity campaign and having template legal documents that could appear in the bill. Will you comment on those ideas, especially the proposal to have style or template legal documents in the legislation?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Mercedes Villalba

So, although there is nothing to prevent environmental investments, is it possible to have a clarifying amendment to make it clear that maximising financial returns is not the only permissible criterion?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Mercedes Villalba

I think that the issue requires further consideration.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Mercedes Villalba

Yes, please.