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Every contribution to the Official Report — chamber and committee — searchable in one place. Pulled from data.parliament.scot, indexed for full-text search, linked through to every MSP.

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2,354,908
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1999–2026
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Showing 55 of 2,354,908 contributions. Latest 30 days: 0. Coverage: 12 May 1999 — 25 Mar 2026.
Mercedes Villalba Lab Committee
02 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
I move us on to section 72, which deals with succession. In policy terms, the definition of spouse or civil partner includes a spouse or civil partner that the deceased person was separated from but where no divorce or dissolution of the partnership had taken place. That means...
Mercedes Villalba Lab Committee
09 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
No problem. I want to look at the right of a spouse or civil partner to inherit under the part of the bill that deals with succession law. Various people who responded to the call for views—including Ms Evans, who is here today—have said that a distinction should be drawn betw...
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
My question is on section 72, which is about the right of a spouse or civil partner to inherit. It features in part 2, which is on succession law, and various stakeholders, including the Law Society, have said that a distinction should be drawn between spouses or civil partner...
Mercedes Villalba Lab Committee
02 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
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 r...
Mercedes Villalba Lab Committee
02 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
Thank you.
Mercedes Villalba Lab Committee
02 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
The term “incapable” is defined in section 75 of the bill, and the definition is similar to the one that is used in the Adults with Incapacity (Scotland) Act 2000. In response to the committee’s call for views, the Law Society noted that the Scottish mental health review has r...
Mercedes Villalba Lab Committee
02 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
The Law Society and the academic lawyer, Yvonne Evans, have suggested that, in view of Scotland’s increasing emphasis on net zero goals, sections 16 and 17 could be amended in relation to trustees’ powers of investment. The bill could be amended to allow trusts to adopt enviro...
Mercedes Villalba Lab Committee
02 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
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?
Mercedes Villalba Lab Committee
02 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
Yes, please.
Mercedes Villalba Lab Committee
02 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
Thank you very much.
Mercedes Villalba Lab Committee
02 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
I think that the issue requires further consideration.
Mercedes Villalba (North East Scotland) (Lab) Lab Committee
09 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
We know that reforms to capacity law might be forthcoming due to the report of the Scottish Mental Health Law Review. Can future proofing the bill be achieved simply by ensuring that there is a route to easily amend the definition of “incapable” in the bill, or would more sign...
Mercedes Villalba Lab Committee
09 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
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 ...
Mercedes Villalba Lab Committee
09 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
Thank you.
Mercedes Villalba Lab Committee
09 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
Moving on to trustees’ powers of investment, I note that Ms Evans, along with the Law Society, has suggested that, in view of Scotland’s increasing emphasis on net zero, sections 16 and 17 could be amended to allow trusts to adopt environmentally friendly investment policies, ...
Mercedes Villalba Lab Committee
09 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
So, you see no need to amend the bill further to account for that, as this sort of thing can be done in other ways.
Mercedes Villalba Lab Committee
09 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
Thank you.
Mercedes Villalba Lab Committee
09 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
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?
Mercedes Villalba Lab Committee
09 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
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...
Mercedes Villalba Lab Committee
09 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
I will leave that there and move on to part 2 of the bill, looking at section 72—
Mercedes Villalba Lab Committee
09 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
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 wi...
Mercedes Villalba Lab Committee
09 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
Thank you.
Mercedes Villalba (North East Scotland) (Lab) Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
I will move us on to sections 16 and 17 of the bill, which look at trustees’ powers of investment. I think that the question will be to the whole panel; perhaps Ross Anderson could start off and we can work our way around. The Law Society of Scotland and the academic Yvonne E...
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
Does the bill as drafted allow trustees to make such investments, or does it need to be amended to make it clear that such an option is open to them?
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
Do you have a view on what such an amendment should look like? What, specifically, would need to be said to give you that reassurance, when you give advice?
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
Would it be possible to allow a case-by-case approach to be taken but to still be clear in the bill that that is an option for those trustees who are interested?
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
I move us on to sections 65 and 66, on expenses of litigation and application. Although the Law Society is supportive of the bill overall, it seems to be very concerned about the current policy that underpins section 65, which provides principles to determine how legal bills a...
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
Are there changes that you would like to be made, based on that concern?
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
I am happy to leave it there, convener. Thank you.
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
I want to put you all on the spot and ask how that would work in practice. Would it require a formal separation agreement? The sound cut out slightly when Ross Anderson was speaking, but I thought that I heard him say that it would be helpful but impossible. I am interested in...
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
No, thank you, convener.
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
We have a similar set of questions for this panel as we had for the previous panel. Sections 16 and 17 relate to trustees’ powers of investment. Some of the witnesses will have heard me asking a question about that. Both the Law Society and the academic Yvonne Evans, who we he...
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
There have been different views, which makes me question whether there should be clarification or an explicit line in the bill to say that that approach is perfectly permissible and within the powers.
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
As I understood it, the proposal was not to instruct but to include a clarification, for the avoidance of doubt. Are you saying that you do not think that that would be necessary, or that it would be unhelpful if it was included in the bill?
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
I suppose the argument is that, because it is such a crucial part of future life on the planet, it warrants specification, but I can see your point. I will hand back to the convener.
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
I will move us on to sections 65 and 66, which cover expenses of litigation. The Law Society has raised concerns about the current policy underpinning section 65, which provides principles to determine how legal bills are paid for in trust cases. It says that section 65 will d...
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
How would you propose to tackle that in the bill, if I can put you on the spot?
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
Thank you very much. I will hand back to the convener.
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
I will move us to part 2 of the bill and in particular to section 72, which is on the right of a spouse or civil partner to inherit. We discussed that with the earlier panel as well. Various stakeholders, including the Law Society of Scotland, have said that a distinction shou...
Mercedes Villalba Lab Committee
16 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
As the convener said to the previous panel, if any witness has any suggestions, thoughts or ideas that they would like the committee to follow up, we would be very grateful to receive them.
Mercedes Villalba (North East Scotland) (Lab) Lab Committee
23 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
I would like to move us on to sections 16 and 17 of the bill, which relate to trustees’ powers of investment. The committee heard suggestions from the Law Society of Scotland and the academic Yvonne Evans that, in view of Scotland’s increasing emphasis on net zero goals, secti...
Mercedes Villalba Lab Committee
23 May 2023
Trusts and Succession (Scotland) Bill: Stage 1
I move us on to sections 65 and 66 of the bill, which relate to expenses of litigation. The committee has heard from the Law Society of Scotland and some other legal stakeholders, who are concerned about the current policy underpinning section 65. This section provides princi...
Mercedes Villalba (North East Scotland) (Lab) Lab Committee
06 Jun 2023
Trusts and Succession (Scotland) Bill: Stage 1
Good morning, minister. I want to move us on to section 75 of the bill and discuss definitions of “incapable” and “mental disorder”. The committee has heard a number of views on future proofing the bill and its interaction with capacity law, in the context of possible reforms ...
Mercedes Villalba Lab Committee
06 Jun 2023
Trusts and Succession (Scotland) Bill: Stage 1
Thank you.
Mercedes Villalba Lab Committee
06 Jun 2023
Trusts and Succession (Scotland) Bill: Stage 1
I want to take us back briefly to the question about the definition of “incapable”. I remember that the committee heard another view. As I have said, the suggestion was made to us that, rather than having a new, albeit similar, definition in the bill, the bill could refer to t...
Mercedes Villalba Lab Committee
06 Jun 2023
Trusts and Succession (Scotland) Bill: Stage 1
Do you see that as a potential issue and that who the definition applies to could be unclear?
Mercedes Villalba Lab Committee
06 Jun 2023
Trusts and Succession (Scotland) Bill: Stage 1
Okay. Thank you.
Mercedes Villalba Lab Committee
06 Jun 2023
Trusts and Succession (Scotland) Bill: Stage 1
I would like to move us on to sections 16 and 17, which are on the trustees’ powers of investment. Yvonne Evans and others have suggested that, partly because of Scotland’s increasing emphasis on net zero goals, that sections 16 and 17 should be amended to explicitly allow tru...
Mercedes Villalba Lab Committee
06 Jun 2023
Trusts and Succession (Scotland) Bill: Stage 1
It sounds as though you are considering making a change to the bill along the lines that have been suggested. Do you think that there are any policy drawbacks to making that change?
Mercedes Villalba Lab Committee
06 Jun 2023
Trusts and Succession (Scotland) Bill: Stage 1
Sections 65 and 66 relate to expenses. The Law Society, as well as other legal stakeholders who appeared before the committee, raised concerns about the current policy underpinning section 65, which sets out principles for determining how legal bills are paid for in trust case...
Mercedes Villalba Lab Committee
06 Jun 2023
Trusts and Succession (Scotland) Bill: Stage 1
Minister, does the default position that you have explained—that is, that individuals would not be personally liable but that there would be exceptions—mean that the Government does not propose to amend section 65 in any way?
Mercedes Villalba Lab Committee
06 Jun 2023
Trusts and Succession (Scotland) Bill: Stage 1
But you are not currently proposing anything.
Mercedes Villalba Lab Committee
06 Jun 2023
Trusts and Succession (Scotland) Bill: Stage 1
I want to move us on to part 2 of the bill, which is the part of the bill that deals with inheritance. Section 72 relates to the right of a spouse or civil partner to inherit. A range of stakeholders, including the Law Society of Scotland, have said that a distinction should b...
Mercedes Villalba Lab Committee
06 Jun 2023
Trusts and Succession (Scotland) Bill: Stage 1
It sounds as though there are risks either way, regardless of whether a distinction is made. The issue becomes about where the burden should land. You said that one way of avoiding the problem could be for people to change and update their will, which is an administrative burd...
Mercedes Villalba Lab Committee
06 Jun 2023
Trusts and Succession (Scotland) Bill: Stage 1
But, at this stage, you are not sure which way the balance will go.
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Committee

Delegated Powers and Law Reform Committee 02 May 2023

02 May 2023 · S6 · Delegated Powers and Law Reform Committee
Item of business
Trusts and Succession (Scotland) Bill: Stage 1
Villalba, Mercedes Lab North East Scotland Watch on SPTV
I move us on to section 72, which deals with succession. In policy terms, the definition of spouse or civil partner includes a spouse or civil partner that the deceased person was separated from but where no divorce or dissolution of the partnership had taken place. That means that a spouse or civil partner, in that circumstance, could benefit from section 72 of the bill, on the right to inherit. The Law Society and various other respondents to the committee’s call for views have said that they would like to see a distinction drawn between spouses or civil partners who were living with the deceased person at the time of their death and those who had previously separated from the deceased person but had not divorced or had the partnership dissolved. What is the commission’s response to that suggestion?

In the same item of business

The Convener SNP
Under item 3, we will take evidence on the Trusts and Succession (Scotland) Bill. I welcome Lady Paton, chair of the Scottish Law Commission, and Lord Drummo...
Lady Paton (Scottish Law Commission)
Thank you, convener, and good morning. On behalf of the Scottish Law Commission, I thank everyone for their contributions in bringing the proposed legislatio...
The Convener SNP
Thank you very much, Lady Paton. Lord Drummond Young, is there anything that you would like to say at the outset?
Lord Drummond Young (Scottish Law Commission)
We have been provided with a list of topics that it is understood that the committee would like to be covered. I have a treatment on each of them, and I prop...
The Convener SNP
No, it is okay. We will just ask the questions and then you can respond.
Lord Drummond Young
That is fine.
The Convener SNP
I will open the questioning and then hand over to colleagues. Lady Paton, you have made a few comments about the current legislation and the bill before the ...
Lady Paton
I would like to give you my views on that, convener, but I feel that it might be best answered by Lord Drummond Young, who took over the project at a much ea...
Lord Drummond Young
I started in 2010, I think.
Lady Paton
He is aware of the driving forces behind the project. What I have gathered, though, is that trustees’ duties and obligations are not made very clear in the T...
Lord Drummond Young
I was not a commissioner when the project was initially adopted, but I became the lead commissioner in its latter stages. The main reason for choosing this ...
The Convener SNP
That is helpful; thank you very much.
Mercedes Villalba Lab
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 bene...
Lord Drummond Young
We considered that and dealt with it expressly in the commission report, which is the fairly hefty volume that I have with me here. We rejected that proposal...
Mercedes Villalba Lab
Thank you.
The Convener SNP
Unlike the commission’s draft bill, this bill does not include pension trusts in its definition of a trust. The Scottish Government intends to ask the United...
Lady Paton
Before Lord Drummond Young contributes, I will say that I am very much in favour of adopting that route. It is the safest route at present not to run into an...
Lord Drummond Young
I agree entirely with that. It is of the utmost importance that pension trusts should be brought within the regime in the act using the powers that are avail...
The Convener SNP
On the issue of the pension trusts and the potential section 104 order, have you had any dialogue thus far with the Scottish Government on the matter?
Lady Paton
There is dialogue proceeding—in fact, I understood it to be with Westminster. Just give me a moment. I believe that the Government is communicating with Wes...
The Convener SNP
That would be helpful; thank you.
Lady Paton
We undertake to do that, then. The matter is in the middle of negotiations just now.
Oliver Mundell (Dumfriesshire) (Con) Con
I will ask about the codification of trust law. The Law Society of Scotland and the Scottish Law Agents Society have expressed their support for the bill ove...
Lord Drummond Young
We considered that when we were preparing the report and finalising the commission’s draft bill. Codification is a slightly ambiguous word. In a sense, the p...
Oliver Mundell Con
To be absolutely clear, it is a deliberate approach.
Lord Drummond Young
It is a deliberate approach. It is pretty much a code but with one or two bits left out—and for good reason, because the law was still developing in those ar...
Oliver Mundell Con
Thank you for that. I will also ask about the role of the Court of Session compared with that of local sheriff courts. I know that there are some expanded po...
Lord Drummond Young
All courts obviously have their normal responsibility for interpreting and applying legislation. That applies in cases about a range of subjects in the Court...
The Convener SNP
I have a brief supplementary question. What process would take place if a trust was to be looked at? Under what is proposed in the bill, would that be dealt ...
Lord Drummond Young
The standard grounds of jurisdiction in the sheriff court would have to exist. As I said, there can be a problem if the trustees are spread across the countr...