Variation of Trusts Act, 1958

HC Deb 01 March 1960 vol 618 cc1023-4

38. Major Hicks Beach

asked the Secretary of State for Scotland whether he is aware that great hardship is occurring to a number of beneficiaries under Scottish trusts because the Variation of Trusts Act, 1958, does not apply to such trusts; and if he will introduce legislation to deal with this problem.

Mr. Maclay

The law relating to variation of trust purposes is being considered by the Law Reform Committee for Scotland. Until the Committee's report is received, it would be premature to consider legislation.

Major Hicks Beach

Is my right hon. Friend aware of the great injustice which exists at the moment to beneficiaries under Scottish trusts? On application to the courts in England, one can get a trust varied, but one cannot in Scotland.

Mr. Maclay

I am aware of this problem, but I should not like to comment until my right hon. and learned Friend the Lord Advocate has received the report of the Law Reform Committee.