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 setup.

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.

Internal users should refer any cases with an invalid liferent to Trusts Technical, see TSEM11100.