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Official guidance
Trusts, Settlements and Estates Manual

TSEM6520 · Legal background to trusts and estates: Scottish trusts and estates - table of contents

  • TSEM6521 · Legal background to trusts and estates: setting up a Scottish trust
  • TSEM6522 · Legal background to trusts and estates: executors of Scottish estates
  • TSEM6523 · Legal background to trusts and estates: Scottish law: confirmation
  • TSEM6524 · Legal background to trusts and estates: Scottish law: deceased does not leave a will
  • TSEM6531 · Legal background to trusts and estates: Scottish law: legal rights of surviving spouse
  • TSEM6532 · Legal background to trusts and estates: Scottish law: legal rights of surviving children or remoter issue
  • TSEM6533 · Legal background to trusts and estates: Scottish law: examples of legal rights
  • TSEM6535 · Legal background to trusts and estates: Scottish law: conditions attached to a legacy
  • TSEM6540 · Legal background to trusts and estates: Scottish law: rules against perpetuities
  • TSEM6541 · Legal background to trusts and estates: Scottish law: restriction on liferent
  • TSEM6542 · Legal background to trusts and estates: Scottish law: further reading
  1. Legal background to trusts and estates: Scottish trusts and estates - table of contents
  2. Legal background to trusts and estates: setting up a Scottish trust

TSEM6521 | Legal background to trusts and estates: setting up a Scottish trust

From HM Revenue & Customs · Trusts, Settlements and Estates Manual

There are two main ways to set up a Scottish trust. They are

  • between the living, and

  • by the terms of a will.

Scottish intestacy law does not create trusts.

Between the living (inter-vivos)

The trust comes into being during the lifetime of the person who set it up. That person is called the truster.

By the terms of a will

The trust is called a testamentary trust.

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