The historical development of a core of trustee duties in Scots law
PhD student: Mr C. Lilburn
Promotors: A. Braun, D. Carr
Duration: 1/9/2018 - 31/8/2021
The modern development of trusts generally has created a nebulous category of law where the label trust or trustee can lend validity to questionable arrangements. However, despite the prevalence, general utility and potential abuse of this ancient institution, there remains a lack of doctrinal treatment of trusts in Scots law. My research aims to remedy this lack of analysis of the theoretical underpinnings of Scottish trusts by exploring the potential existence and content of, as well as the historical development and influences both of and upon, a core of trustee duties in Scots law. My PhD aims to highlight those rules and obligations which effect a restraint on the ownership right of trustees and which are necessary if the relationship considered is properly to be described as one of trust.