Private Wealth Disputes

Contested Wills

We advise individuals, beneficiaries, executors and family members on disputes about the validity of wills and testamentary writings. For example:

• Where there are concerns that the testator lacked capacity, was subject to undue influence or where the will is potentially fraudulent.
• Errors in the preparation or execution of a will.
• Challenges to the authenticity of testamentary documents.
• Disputes regarding the validity and interpretation of a will, including homemade wills.

Our team can advise on the prospects of success, gather the necessary evidence and represent clients in negotiations, mediation and court proceedings where required.

Trusts and estates administration disputes

Administering trusts and estates can involve complex legal and tax issues which often lead to disputes amongst beneficiaries and family members. We advise trustees, executors, beneficiaries and families on disputes relating to:

• Concerns about the actions of an executor and breaches of fiduciary duties.
• Inheritance tax and the application of tax reliefs.
• Actions for count, reckoning and payment
• Asset valuation
• Lifetime trusts and succession planning arrangements
• Cross-border estates and succession matters
• Professional negligence claims relative to estate and trust administration and trust creation

We understand that for many clients, preserving family relationships may be equally as important as achieving a legal outcome. Wherever possible, we seek practical and proportionate solutions that avoid unnecessary conflict. Our approach combines specialist contentious expertise with a thorough understanding of private client, trust and tax considerations.

Claims under the law of promise

Under Scotland's law of promise, a person may be entitled to make a claim where they have suffered a loss because they relied on a promise, assurance or commitment made by someone else.

We advise clients on claims arising from promises regarding inheritance, property ownership and succession planning, helping them understand their legal position and pursue or defend claims where appropriate.

Executors and judicial factors

Effective estate administration depends upon those entrusted with managing it acting appropriately and in accordance with their legal duties.

We advise on:

• Removal of executors
• Challenges to executor decisions
• Recovery of estate assets
• Alleged breaches of duty
• Appointment of judicial factors
• Supervision and administration of complex estates
• Assistance to creditors of estates where no family member is identifiable and able to take on the role of executor

Where relationships have broken down or administration has become impossible, we can help identify the most appropriate legal solution to protect the estate and beneficiaries.

Lost wills

When an original will or testamentary writing can’t be found, it prompts important questions about the deceased person's intentions and how their estate should be administered.

Our specialists regularly advise on:

• Proving the tenor of lost wills (in other words, asking a court to legally accept a copy or a reconstruction of a destroyed or lost will as if it were the original signed document)
• Reconstruction of testamentary documents
• Evidential requirements before the Scottish courts
• Disputes concerning missing or destroyed wills
• Challenges by interested parties

We provide clear guidance on what can be a highly technical and sensitive area of Scots law.

Adults with incapacity

We frequently advise clients who have been appointed to the role of attorney to help them understand their duties and how they can make sure they are complying with legislation on adults with incapacity. We also have experience in advising on and challenging attorneys in respect of the management of an adult’s finances, as well as the removal of attorneys.

The team also draws on the firm’s wider commercial and property litigation experience, providing additional expertise where private wealth disputes involve business or property interests.