Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Inter vivos trust definition

What does Inter vivos trust mean? An inter vivos trust (also called a lifetime trust) is a trust set up by a settlor during their lifetime, taking effect as soon as it is properly constituted, rather than arising on death under a will (a testamentary trust). In practice it is usually created by a trust deed and the transfer or declaration of trust over identified assets for named or ascertainable beneficiaries, with trustees holding and administering the property. The expression is descriptive, not generally defined by statute, but is recognised across England and Wales, Scotland, Northern Ireland and Ireland in case law and professional usage....

Variation of Scottish trusts: common law, court-sanctioned arrangements and statutory powers (1921, 1961, 2024), including alimentary liferents, beneficiary approvals, procedure, divorce, and public/charitable cy-près and OSCR reorganisations

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Practice notes

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 been constituted by Delivery, and all testamentary trusts are irrevocable because they take effect only after the testator has died, at which point alteration by the truster is impossible under the common law...

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Yvonne Evans

University of Dundee

Yvonne is a Senior Lecturer in Law at the University of Dundee, specialising in Scots trusts and succession and tax law, particularly capital taxes. She became a full-time lecturer in 2013, having tutored revenue law at the University of Edinburgh since 2004.Before she became a full-time academic, Yvonne trained as a solicitor at Brodies in Edinburgh. She then worked as a solicitor in the Private Client department at Anderson Strathern, progressing to Associate with a Professional Support Lawyer role.Yvonne authored the reissue of the Trusts, Trustees and Judicial Factors section of the Stair Memorial Encyclopaedia of the Laws of Scotland published in 2016. She is a member of the Law Society of Scotland's Tax Law and Trusts & Succession Law sub-committees. She has given evidence to the Scottish Parliament Finance and Constitution committee regarding its devolved tax powers. She represented the Law Society of...

Web page updated on 22/05/2026

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