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Trusts and Patrimonies$
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Remus Valsan

Print publication date: 2015

Print ISBN-13: 9780748697748

Published to Edinburgh Scholarship Online: September 2017

DOI: 10.3366/edinburgh/9780748697748.001.0001

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Scottish Trusts in the Common Law

Scottish Trusts in the Common Law

(p.127) 7 Scottish Trusts in the Common Law*
Trusts and Patrimonies

Lionel D Smith

Edinburgh University Press

This chapter examines how the Scottish trust is — and is not — found in the common law. First, how it is not: the trust of the common law tradition cannot be understood according to the principles that underlie the trust of Scotland. But then, how it is: the common law does have an institution that corresponds almost exactly to the Scottish trust. Before analysing the ubiquitous presence of Scottish trusts in the common law, the chapter considers trust as it relates to the administration of the estate of the deceased, the position of estate beneficiaries, and trustees and personal representatives in the common law. It also discusses some recent developments in trusts in the common law world and concludes with an analysis of the implications of such developments for trust beneficiaries and non-contractual creditors.

Keywords:   common law, Scottish trust, deceased, estate beneficiaries, trustees, personal representatives, trust beneficiaries, non-contractual creditors

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