Sui juris meaning

FORTHCOMING CHANGE : The Trusts and Succession (Scotland) Act 2024 obtained Royal Assent on 30 January 2024, representing the first comprehensive re-examination of Scottish trust law in more than a century, since the cornerstone Trusts (Scotland) Act 1921 was enacted. As regards trusts, a substantial proportion of its provisions will only operate once Scottish Ministers make further secondary legislation to commence them. By contrast, most succession provisions took effect on 30 April 2024, with a handful of minor trust-related points commencing on 26 June 2024. See News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes dealing with Scottish trusts and succession will be updated further to reflect, and align with, this new legislation. At common law, once a trust has taken effect, the scope to vary its terms or purposes is very narrowly confined. Where an inter vivos trust is revocable, the truster may adjust its terms at any time, provided they are sui juris. However, the majority of inter vivos trusts are irrevocable once the trust has...

The refusal of a gift before it is accepted is known as a disclaimer. Freedom to disclaim The law does not oblige a beneficiary to accept a testamentary gift against their wishes. A beneficiary is at liberty to decline a gift if they choose. As Abbot CJ observed in Townson v Tickell, the law is not so absurd as to compel someone to take an estate against their Will. Although any estate, whether given by Will or otherwise, is presumed to benefit the recipient, he is the best judge; if he decides it is not beneficial, the law will, by some means, permit him to renounce or refuse it. A beneficiary may disclaim by: in writing by deed by conduct Retracting a disclaimer For a person sui juris, a disclaimer is ordinarily final; a disclaimer executed by deed binds the maker as any other deed would. It has been held, however, ...