Chamber and committees

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?

No.

Do you have any views on the other two suggestions?

Under item 2, we are considering one instrument subject to the affirmative procedure, on which no points have been raised.

Item 5 is evidence on the Trusts and Succession (Scotland) Bill. First, however, Jeremy Balfour would like to make a point.

Notwithstanding what you have said, we heard in evidence last week that it is quite common for different regimes to apply in law. Although it would be beneficial to have one regime—and although people certainly want the section 104 order to be passed as quickly as possible so that that can happen—we heard last week that it would not be a deal breaker and it would not make things overly complicated if two different systems were in operation.

I note that others around the room—even the folk sitting behind you—are nodding their heads in agreement.

I welcome our second panel of witnesses: Alan Barr, who is the convener of the trusts and succession law sub-committee of the Law Society of Scotland; Laura Dunlop KC, who is the convener of the law reform committee of the Faculty of Advocates; Sarah-Jane Macdonald, who is a committee member of STEP Scotland; and Ken Swinton, who is a council member of the Scottish Law Agents Society.

I ask Jeremy Balfour whether he has anything to declare.

Thank you.

Thank you.