TSEM6541 - Legal background to trusts and estates: Scottish law: restriction on liferent

Scottish law does not allow a liferent for a person unborn at the date the trust is set up.

For example, a truster may leave his estate in liferent for his grandchildren, and then for his great grandchildren. This would become potentially invalid if a beneficiary who had not been born when the trust was set up became entitled to a liferent.

If you come across an invalid liferent, refer the case to HMRC Trusts Edinburgh.