TSEM6521 - Legal background to trusts and estates: setting up a Scottish trust

There are two main ways to set up a Scottish trust. They are

• between the living, and
• by the terms of a will.

Scottish intestacy law does not create trusts.

Between the living (inter-vivos)

The trust comes into being during the lifetime of the person who set it up. That person is called the truster.

By the terms of a will

The trust is called a testamentary trust.