The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 2526 contributions
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
That is helpful; thank you.
10:26 Meeting suspended.Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
I have a supplementary question for Alan Barr. You indicated that there is a spectrum of incapacity and that trusts might look at excluding people from specific aspects of decision making or from specific aspects of the trust. How easy or difficult would it be to do that?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Do you wish to come in, Joseph?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Okay. Thank you. Mercedes, do you have anything else to ask about?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
It might be worth while to consider the matter. If you were to think of anything after the meeting, you could always send it in.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
No—I am certainly not suggesting that.
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
We move to section 19, on nominees. As I indicated to the previous panel, the law firm CMS is concerned that section 19, on nominees, as drafted, may not go far enough. Specifically, the firm said that “doubt” would remain as to whether trustees can use, first, nominee custody structures and, secondly, sub-custodians. What are the panel members’ views on both those aspects, which currently fall under the scope of section 19, and on the risks that CMS has identified?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
Would anyone else like to come in?
Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
We move to part 2 of the bill. The committee has heard suggestions of three policy proposals that could be added to part 2. First, last week, Professor Roderick Paisley suggested creating exceptions to legal rights as they currently apply to protect from disinheritance. Secondly, the Faculty of Advocates and Yvonne Evans suggested amending the current strict six-month time limit that applies to a cohabitant’s power to apply to the court for a share of the deceased’s estate. Thirdly, Professors Roderick Paisley and George Gretton suggested clarifying that the law does not permit an unlawful killer to be an executor of their victim’s estate. What are your views on those three proposals? Should they be added to part 2? Should any other changes be made to part 2?
10:15Delegated Powers and Law Reform Committee
Meeting date: 16 May 2023
Stuart McMillan
No.