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HMRC internal manual

Trusts, Settlements and Estates Manual

Legal background to trusts and estates: Scottish law -categories of property

There are two categories of property under Scottish law, heritable and moveable. Each has two subdivisions, corporeal and incorporeal.

Corporeal property is something that can be seen and touched. Incorporeal property is something that cannot be seen or touched.

The distinction is important for the law of succession. It can affect trusts created under wills. It is not likely to have other tax implications.

Heritable property

Heritable property consists of land, and things built on, or attached to it.

Corporeal heritable property includes land, buildings, crops and growing timber.

Incorporeal heritable property includes bonds or securities over land.

Moveable property

Moveable property is any property that is not heritable property.