THE SCOTTISH TRUST AS A MODEL FOR MULTIPLE JURISDICTIONS WORLDWIDE - THIS BOOK EXAMINES THE POSSIBILITIES!

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Published recently as part of the ‘Edinburgh Studies in Law’ series from the Edinburgh University Press, this book examines the nature of the trust as a fundamental legal concept and explores the ways in which trusts and patrimonies interact in various jurisdictions. It will therefore be of particular interest to international lawyers needing to enhance their familiarity with cross-border issues pertaining to trusts.

This, apparently, is the first book to address systematically the relationship between a trust and patrimony. The aim, at least partly, is to determine whether the trust within English common law (which includes equity as a part of the English common law) can be understood as a civil law patrimony ‘by appropriation’ – whilst at the same time outlining the advantages, as well as the obstacles involved.

The focus of the work is on trusts within civil jurisdictions, although, as the series editors point out, the book would also be of interest to practitioners in common law jurisdictions as well seeking a wider and more internationally oriented perspective on trusts.

The editor Remus Valsan, who lectures in corporate law at the Edinburgh School of Law, heads a team of contributors – all of whom offer established expertise in this field. The result is a distinguished collection of papers, some new, others already published, which have been described as key reference texts that have pioneered the trust as a patrimony concept.

The longer term objective is to enhance understanding of the Scottish trust not only within Scotland, but elsewhere. The implication here is that the common law trust might be replicated in different jurisdictions using patrimony -- based on the Scottish model -- as the main tool. Parts I and II of the book therefore discuss patrimony and the common law trust… and patrimony and the Scottish trust. Trust and patrimony in France, Quebec and the Netherlands are examined in Part III.

One could argue that this book and the research it contains represents a stepping stone on the way to a much greater degree of harmonization of law and legal systems worldwide, especially bearing in mind the increasing popularity of the institution of trust in civil law jurisdictions in Asia and in Continental Europe.


A useful aspect of the book is its table of cases, all or most of which, one assumes, are illustrative of the book’s central thesis. Then there’s the copious footnoting, which is a boon to researchers.

International private lawyers, judges, academics or indeed anyone professionally involved in trusts should acquire a copy of this book for practice or, possibly, out of more general interest for what is such a fascinating concept.

The publication date is cited as at 2015.