STEP Advanced Certificate in Trusts Law and Practice (Scotland)

The course enables you to improve your technical knowledge of the issues arising in trust and estate practice, enhancing your ability to give holistic advice to your clients as a trusted advisor. It increases your understanding of the administration of trusts and estates and enables you to give practical advice on the law and procedures involved.

This course is awarded in association with Alliance Manchester Business School, the University of Manchester.

You will be able to: 

• Explain the concept of a trust
• Identify the parties to a trust, and explain the rights that a truster may have once a trust is established
• Describe what is meant by trust fund, different types of property and explain the ownership of the trust fund
• Explain the nature of trust purposes and the general rules that apply to them
• Explain the different ways in which trusts may be classified, including the distinction between: 
• Voluntarily and involuntarily created trusts 
• Inter vivos and mortis causa trusts 
• Public and private trusts 
• Fixed interest and discretionary trusts 
• Bare trusts and purpose trusts 
• Explain the requirements to create a voluntarily created trust namely: 
• The procedure involved 
• How to prepare the trust deed 
• How the trust deed should be executed 
• How to obtain confirmation from the trustees of their willingness to act 
• How trust property is transferred 
• Distinguish between the income and capital of a trust
• Explain the effects of inheritance tax and of the Finance Act 2006 on liferent trusts
• Describe the nature, uses and advantages of the discretionary trust
• Explain the importance of appointing trustees in whom the truster has complete confidence, and the need to allow the trustees to exercise their discretion freely to avoid the risk of the trust being classed as a sham 
• Describe how the concept of the charitable trust relates to that of the public trust
• Explain the administration of charitable trusts as it was under the Law
• Reform (Miscellaneous Provisions) (Scotland) Act 1990 
• Describe the various ways in which trustees can be appointed under the
• Trusts (Scotland) Act 1921 and the Law Reform (Miscellaneous Provisions) 
• (Scotland) Act 1990 
• Analyse the use, effect and limitations of trustees’ immunity clauses, indemnity clauses and indemnity insurance
• Distinguish between dispositive powers and administrative powers
• State the use and effect of a power of appropriation
• Describe the ways in which the trustees can obtain the directions of the court
• Describe the different types of breach of trust that can occur
• Explain the effect of an ultra vires breach of trust, an intra vires breach of trust and a breach of the fiduciary duty
• Explain the general principles of drafting trust documentation, including determining the client’s requirements, avoiding blind adherence to precedents, and the need to explain the draft trust deed to the client 
• Describe specific issues encountered when drafting liferent trusts, including the different kinds of liferents, the need for flexibility, and issues surrounding vesting 
• Identify and explain the issues relating to risk management for trust advisers including: 
• Issues that arise where a trust adviser acts as a trustee 
• Issues to be considered when providing advice to the trustees in terms of: 
• Money laundering and proceeds of crime regulations, 
• Terms of business and remit, 
• Taking instructions 
• Giving advice 
• State the ways in which to minimise risk when acting as an adviser to the beneficiaries of a trust including: 
• The use of centralised structures to manage risk 
• The use of technology in trust management 

Students of this course typically include:

• Legal and trust professionals
• Support staff and paralegals
• Accountants and banking professionals
• Charity specialists
• Tax advisors
• Independent financial advisors
• Executorship administrators

• Successful completion of the course will award students with 30 Diploma-Level credits towards STEP membership. 
• Ideal for practitioners looking for professional accreditation, moving into or already working within the trusts and estates profession. 
• A recognised ‘gold-standard’ professional qualification for those working in the industry, globally recognised by employers, regulators, clients, and professionals. 
• Ability to grow your own professional network, meeting students from a range of professions providing an opportunity for networking, building relationships, and sharing study tips/support as a cohort. 
• Students can submit academic queries to a dedicated programme content team. 
• Blended delivery, including structured workshops designed and taught by experienced practitioners and tutors and access to an online learning platform. 
• The course is subject to the rigorous quality assurance procedures of Manchester Business School, a Faculty of the University of Manchester.

60 Entry-Level Credits 

Note: Applicants must have obtained 60 STEP Entry-Level credits to enrol onto this course or be a member of STEP. Visit STEP's Qualifications and Membership to understand how to apply. 

This course is available for study twice annually, with intakes beginning in January and July (and assessments taking place in May and November). The programme is delivered through a combination of online learning and two online workshops and will take four months to complete. We recommend that you spend four to six hours per week on private study for the four months prior to the examination.

Enrolment onto this course will include the following:

• a bespoke soft copy course manual
• access to an online learning platform that contains:
  • tailor-made webinars
  • e-learning modules
  • self-assessment material
  • distance learning support
• attendance at two days of tuition
• examination fees.

The course is assessed by way of a five-hour open-book written examination which comprises six 20-mark questions, from which candidates must answer five. The questions will be drawn from across the syllabus and candidates must achieve 50% in order to pass the Advanced Certificate. 

Once you have successfully completed this course, you will gain 30 Diploma-Level credits towards STEP membership and be awarded the STEP Advanced Certificate in Trusts: Law and Practice (Scotland).

Course Timetable - July 2024

Course Timetable - January 2025

Please note all courses are delivered fully online.

Thank you for your interest in CLTI or STEP products. Due to government regulations, we are unable to accept online payments from, or, on behalf of students from certain countries and territories without prior agreement. Please contact us for further details on cltinternational@centlaw.com, +44 (0) 121 362 7733.

Please be aware that workshops have a limited capacity to guarantee optimum teaching conditions. Therefore, where several dates are listed per workshop, we are unable to guarantee your selection of dates will be allocated to you.

Please check your final booking confirmation for your final workshop dates. If you have any queries, please email cltinternational@centlaw.com