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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 23 April 2025
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Displaying 1198 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 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

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 am sorry, but I could not hear that.

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 questions, convener.

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?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

Would the bill require further amendment?

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

For the avoidance of doubt, I just want to say that one of the witnesses today, John McArthur, is a personal friend of mine from many years ago when I was a trainee with Anderson Strathern. Also, Alan Barr, who is on the second panel, was one of my lecturers at university.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

That is helpful.

Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 16 May 2023

Jeremy Balfour

I will pick up on a couple of those issues. Someone on the first panel made a suggestion about getting medical evidence. Do you think that a requirement to provide medical evidence would be helpful in giving protection to a trustee who has been challenged on that?