Clause 4—(Power Of Trustees To Acquire Interests In Residential Accommodation For Use Of Beneficiaries)

The Lord Advocate
I beg to move, in page 3, line 25, to leave out from "required" to the end of line 28 and to insert: "to enable the trustees to provide a suitable residence for occupation by any of the beneficiaries". This Amendment has been suggested by various members of the legal profession in Scotland who will have to work the Measure. Their objection to the words as they stand was that they thought they were ambiguous. I do not go the whole way with them. I think the words are quite clear. However, they said it would be of much greater use to trustees and beneficiaries if the power given were slightly widened. As the Bill stands, they can only use this power of providing accommodation if a testator has, in fact, left the use of the house to a particular beneficiary. This gives them a wider power inasmuch as, even if it is not specifically mentioned, they can provide accommodation, let us say, for the widow, a sister, a niece who might have been helping the testator, and  so on. It extends the power, although the overriding factor is still there, that it must not be contrary to the general purposes of the trust.

Amendment agreed to.

Further Amendment made: In page 3, line 29, leave out Clause 5.—[ The Lord Advocate.]