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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.  

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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 17 August 2025
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Displaying 1311 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 23 May 2023

Jeremy Balfour

I welcome the witnesses to the meeting. For the avoidance of doubt, I declare that I am a member of the Church of Scotland, but I have no financial interests in that regard.

The bill includes new powers for sheriff courts, but the predominant power remains with the Court of Session. What are the pros and cons of that approach? In a previous evidence session, it was suggested that trustees should be able to decide whether their case goes to the sheriff court or the Court of Session, instead of that being prescribed. Does anyone have a view on that?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 23 May 2023

Jeremy Balfour

I was just following up on what had been said. Should the bill formally state that mediation or arbitration should take place before any court action is considered, or should that be covered in the guidance that is given on good practice?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 23 May 2023

Jeremy Balfour

Joan, I am interested in what you said in your opening statement about some trusts not being covered in this bill. You mentioned some of the gardens around Edinburgh. Can you tell me a bit more about why you think that they are not included?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 23 May 2023

Jeremy Balfour

In what way do you see that happening? If you go to the Court of Session, what way do you see of allowing that without giving the trustees too much power?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 23 May 2023

Jeremy Balfour

I wonder, as we have got a few lawyers around this table, whether they want to comment on that. Is that a concern that the committee should have?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 23 May 2023

Jeremy Balfour

I have a couple of quick questions, following on from Chris Sheldon鈥檚 comment on the two bills. I have the privilege of sitting on the Social Justice and Social Security Committee, which is looking at the Charities (Regulation and Administration) (Scotland) Bill. You have mentioned one area, but is there anything else that you think needs to be clarified between the two bills at this stage?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 23 May 2023

Jeremy Balfour

That is helpful.

In the previous couple of evidence sessions, we have had evidence regarding resolving disputes through mediation or arbitration, which Mike Blair touched on. As he said, that can happen only if everyone is willing to take part. In principle, should such provision be in the bill, or should mediation simply be encouraged in guidance?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

I declared my interests before the previous panel of witnesses.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

The other example that academics raised with us last week related to someone going on to a submarine for a long period of service or going away for a long period of time. Do such issues concern you in practice?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

That was helpful.

Convener, I appreciate that we probably do not want to rewrite the law of succession on a Tuesday morning, but I think that the bill slightly opens a can of worms. Last week, with the academics, we looked at whether there should be a greater restriction on legal rights in this respect. I understand that, in some continental European countries such as Poland and Germany, people can write into their will clauses that do not to get rid of such rights completely but, certainly, dilute them further than we have.

I appreciate that I am again putting the witnesses on the spot by asking them to comment, but is that area worth pursuing, or have we struck the right balance on legal rights?