From Edinburgh to Rome via The Hague: The International Appeal of the Trusts and Succession (Scotland) Act 2024

Abstract The Scottish legal system is independent of the English one. Two relevant differences are that the system of property rights in Scotland is based on Roman law, and equity is not a separate source of Scots law. Nonetheless, trusts have been known in Scotland since at least the 16th century. The Trusts and Succession (Scotland) Act 2024, which received Royal Assent last January, is an up-to-date piece of legislation that brings Scotland to the forefront of modern trust legislation. Many solutions that have been devised in leading offshore trust jurisdictions (non-charitable purpose trusts, protectors, etc.) are now fully regulated under Scots law.