The team at Anderson Strathern is led by seasoned contentious executry litigator Katrina Lumsdaine. The group acts on behalf of individual beneficiaries, trustees, executry solicitors, public bodies, and various other stakeholders in a spectrum of disputes arising from trusts, wills, and executries. Also on the team is Gary Burton, whose areas of focus include matters pertaining to instances of force, fear, facility and circumvention surrounding wills, as well as matters regarding proving the tenor of a will. Noted litigator Scott Flannigan and insolvency and executry specialist Eilidh MacEwan further strengthen the bench.
Contentious trusts and probate in Scotland
Anderson Strathern
Praxisleiter:
Katrina Lumsdaine
Weitere Kernanwälte:
Gary Burton; Scott Flannigan; Eilidh MacEwan
Referenzen
‘I worked with Scott Flannigan. He had excellent knowledge of relevant law and was able to advise fully on the pros and cons of litigation. He gave good strategic advice at all times. He is a clear communicator, was always fully on top of all facts, and was able to present well at court hearings.’
Kernmandanten
Office of the Public Guardian
Midlothian Council
Highlight-Mandate
- Acting on behalf of a beneficiary in pursuing an action of count, reckoning and payment for payment from an estate, with expenses awarded against one of the executors personally.
- Advising a local authority in relation to pursuing care home fees by becoming a creditor executor in an estate.
- Advising executors of an insolvency practitioner in relation to the deceased’s personal insolvency appointments, which included a mixture of Scottish and English corporate insolvency appointments and Scottish sequestrations.
Brodies LLP
Brodies LLP‘s team acts for various institutional and high-net worth individual clients in a range of disputes relating to issues surrounding wills, executorship, cohabitation, trusts, and more. Practice head Mark Stewart handles matters relating to estates, trusts, executries, tax and succession planning. Angela McCulloch‘s workload includes advising on the winding up of complex estates and the management of family trusts. Alan Barr has tax planning expertise, Richard Pike‘s reach spans England, the Isle of Man, Jersey and Guernsey, and associate James Reekie represents clients at domestic court and in international arbitration contexts.
Praxisleiter:
Mark Stewart
Weitere Kernanwälte:
Angela McCulloch; Alan Barr; Richard Pike; James Reekie
Referenzen
‘A well-respected team of technical experts.. A class act.‘
‚Angela McCulloch is professional, bright, and commercially astute.’
‘Angela McCulloch is technically excellent and always calm and professional.‘
Gillespie Macandrew LLP
Led by Agnes Mallon who is experienced handling the array of contentious estate matters, the team at Gillespie Macandrew LLP is well-versed in navigating highly acrimonious disputes between family members, spouses, and other beneficiaries, including disputes involving overseas assets, and alleged influence over vulnerable or incapax individuals. John McArthur is experienced representing clients in disputes hinging on the interpretation and distribution of wills and trusts, tax considerations, and those involving solicitors’ professional negligence. John Stirling is noted for his work with trusts, while Eilidh Adams handles various contentious estate matters.
Praxisleiter:
Agnes Mallon
Weitere Kernanwälte:
John McArthur; John Stirling; Eilidh Adams
Referenzen
‚They worked well as a team, made sure each knew the stages we were at and communicated very well with us in a prompt and easy to understand manner.‘
‘This is a large team of specialists who are equipped to provide top-quality advice and service on a range of matters.’
‘John Stirling is very able and intelligent, and in my opinion, is one of the leaders in Scotland in this field.’
Shepherd and Wedderburn
Stephanie Hepburn co-leads the practice at Shepherd and Wedderburn which specialises in handling contentious executries in the rural sector, from the proper interpretation of wills and the removal of executors, to potential fraud. The team is also well-versed in handling tax matters related to executries and routinely handles matters involving multiple jurisdictions and complex family setups. Christopher McGill co-leads alongside Hepburn and is a key contact for ultra-high-net-worth individuals. Elaine Brailsford is vastly experienced, while Douglas Sinclair advises on complex tax matters. Thomas McFarlane is another key practitioner in the team.
Praxisleiter:
Stephanie Hepburn; Christopher McGill
Weitere Kernanwälte:
Elaine Brailsford; Douglas Sinclair; Thomas McFarlane; Malcolm Rust; Chris Garden
Referenzen
‘They make the complexities of legal action easy to understand.’
‘The team are pragmatic and approachable and super agile in responding to requests and taking actions forward.’
‘Thomas is really efficient at getting back to me and actioning everything we discuss. He’s also very pragmatic and has the legal expertise for me to fully trust his advice.’
Burness Paull LLP
The team at Burness Paull LLP takes on contested wills and executry disputes regarding high-value estates and trusts. It is equipped to advise individuals, beneficiaries, fiduciaries and executors regarding a raft of matters from professional negligence to suspected undue influence. Claire Macpherson’s broad practice includes specialisms in cross-border and tax matters, and experienced private wealth litigator Ashley Jones is experienced handling professional negligence and insurance disputes within contentious executry cases. Newly appointed partner Nicola Williams is another key team member.
Praxisleiter:
Claire Macpherson; Ashley Jones
Weitere Kernanwälte:
Nicola Willliams
Highlight-Mandate
- Acting for the beneficiaries under a will in contesting a later will drafted by their late mother, allegedly influenced by another family member, and prepared while the mother suffered from advanced dementia.
- Acting for a beneficiary in a dispute which had lasted for 20 years arising from the distribution of his late father’s estate, which had involved court proceedings in multiple jurisdictions.
- Advising the trustee of a long-running family trust in connection with threatened court action requiring him to account for his actions going back for many years.
Harper Macleod LLP
Harper Macleod LLP‘s team has strong experience in contentious work, handling disputes surrounding undue influence, challengeable testamentary writings, breaches of trustee and beneficiary duties, as well as those involving incapacity, fraud and debt. Andrew Upton leads the team, key members of which include contentious probate specialist John McHugh and Andrew MacKenzie whose remit encompasses trustee and partnership disputes. Jennifer Grosvenor‘s clients include private individuals and public sector bodies, and Angus Brown‘s experience includes matters of incapacity.
Praxisleiter:
Andrew Upton
Weitere Kernanwälte:
John McHugh; Andrew MacKenzie; Jennifer Grosvenor; Angus Brown
Kernmandanten
City of Edinburgh Council
Office of the Public Guardian
Highlight-Mandate
- Assisting an individual according to Scots law in relation to the administration of her late husband’s $4.5m estate in California, USA, and the enforceability of a Scottish will.
- Advising an individual in defence of proceedings raised against her and two of her brothers by her other brother to declare a document to be the will of their late father, and a determination of what, if any, effect the document has on the administration of the estate.
- Advising two executors of their late father’s estate in their pursuit of damages against their brother for his role in procuring a transfer of their father’s home into his name, to the detriment of the beneficiaries under the will.
Morton Fraser MacRoberts
Richard McMeeken co-leads Morton Fraser MacRoberts' team alongside Sue Hunter. The team is equipped to advise on the range of complex contentious trust and probate matters often involving delicate family relationships. Key practitioner James Inglis is particularly experienced advising clients out of court on issues of adult incapacity and tax efficiency, while Catriona MacPhail is a key name for high-net worth and high-profile clients. Robin Mackintosh is a further name to note.
Praxisleiter:
Richard McMeeken; Sue Hunter
Weitere Kernanwälte:
James Inglis; Catriona MacPhail; Robin Mackintosh; Bethany Reed
Stronachs LLP
Adept at handling complex and highly acrimonious disputes over diverse, high value trusts and estates, Stronachs LLP’s contentious trusts and probate practice serves a varied client base across Inverness and Aberdeen. Contentious trusts expert Jaclyn Russell leads the team and is supported by Kirsten Anderson, a key contact for intricate executry matters including trust management. Karen Oliver harnesses a specialism in personal injury trusts and handles a wide range of wills, trusts, and executry disputes.
Praxisleiter:
Jaclyn Russell
Weitere Kernanwälte:
Raiya Law; Karen Oliver; Kirsten Anderson
Referenzen
‘Karen Oliver and Jaclyn Russell are concise, clear, and always make sure clients understand the work they are committing to. They provide excellent advice and service and I am very comfortable introducing them to my clients – they deliver value every time.’
‘Stronachs have a real focus on personal service. They work in a very collaborative manner with other professional firms.’
‘My principal contact is with Jaclyn Russell, who is supported by Karen Oliver. Jaclyn and Karen work well as a team. Besides demonstrating a strong grasp of their technical role, they provide their advice clearly and promptly. They have an ability to build strong enduring relationships with clients and other professional firms.’
Highlight-Mandate
- Advised the executors of a high-value estate involving a majority stake in a family business, navigating disputes between two residuary beneficiaries with conflicting priorities.
- Advised executors, including our trustee company, on balancing family interests, business operations, and future planning for the surviving spouse, and exploring tax solutions.
- Advised on the administration of a high-value estate involving business and partnership interests, navigating a contentious dissolution process.
Blackadders LLP
Dispute resolution specialist Fiona Muirs heads up the team at Blackadders LLP. It is experienced in matters including those where tenor is contested, in cases involving the removal of executors, and in the handling of trusts. Its workload is cross-jurisdictional in scope. Ryan McKay concentrates on related property litigation, insolvency and trust work. Nicola Brown represents clients in a range of contentious trust and probate matters.
Praxisleiter:
Fiona Muirs
Weitere Kernanwälte:
Ryan McKay; Nicola Brown
Referenzen
‘The team at Blackadders are incredibly professional and client-orientated, striving to deliver results for their clients.’
‘Fiona Muirs is an excellent and detail-orientated litigator. She is a reliable solicitor, who is easy to work with and who is able to give her clients reasoned and practical advice.’
‘Very approachable, good strategic approach.’
Lindsays
Lindsays‘ practice is helmed by disputes specialist John Bett. Its workload includes handling matters involving complex family dynamics regarding such issues as financial guardianship and wills of incapax individuals. Private client litigator Samantha Miller is a key team member, as is experienced mediator Brent Haywood. Sandy Lamb advises on the range of contentious trusts and estates matters.
Praxisleiter:
John Bett
Weitere Kernanwälte:
Brent Haywood; Sandy Lamb; Samantha Miller
Referenzen
‘The team are a helpful and responsive group of individuals with the types of people-handling skills that one hopes for in dealing with clients in this sensitive area.’
‘Brent Haywood is practical and realistic with a desire to understand all angles of a problem and where options exist for clients.‘
‚I have always found my dealings with Lindsays to be trustworthy.‘
Highlight-Mandate
- Defended a client in their capacity as guardian in a Summary Application under the Administration of Justice (Scotland) Act 1972 for the recovery of an incapax adult’s will.
- Defending an action for the reduction of a will in the Court of Session involving the consideration of multiple related actions in a foreign jurisdiction, which will determine whether a subsequent will is a forgery.
- Instructed in a trust matter which has resulted in a petition to the Court of Session.
Murray Beith Murray LLP
The boutique offering at Murray Beith Murray LLP is experienced navigating complex disputes over probate, trusts, and executries for a client base of high-net-worth individuals and their families. Andrew Paterson leads the team, working alongside private wealth protection specialist Peter Shand and associate Kathryn Johnston.
Praxisleiter:
Andrew Paterson
Weitere Kernanwälte:
Peter Shand; Kathryn Johnston
Referenzen
‚It feels seamless – everything is extremely well-explained up front.‘
‚Their expertise in trusts and inheritance is why we chose them, and we are very grateful for the recommendation as the knowledge and advice has been excellent.‘
‚After meetings, we leave feeling calm, because we are confident that our complex case is very well-understood and interpreted.‘
Highlight-Mandate
- Advising the beneficiary of a large, complex and valuable family trust and related executry in a dispute with the other beneficiary.
- Representing the executor of a complex and contentious multi-jurisdictional executry – involving assets in France and other countries.
- Acting on behalf of the executors in a contentious executry – arising from the extensive discretion given to the executors regarding the distribution of the estate and tension among the potential beneficiaries.
Wright, Johnston & Mackenzie LLP
Wright, Johnston & Mackenzie LLP‘s team has a growing contentious trusts and probate offering, which is well-versed in advising clients on issues of incapacity, legal rights claims, estates involving complex family business and partnership interests, and trusts holding diverse assets from residential property to IP. Sarah-Jane Macdonald leads the team alongside Roddy Harrison, whose broad practice encompasses contentious estates with a family business connection. Rod MacLean is a key contact for matters in the Highlands.
Praxisleiter:
Roddy Harrison; Sarah-Jane Macdonald
Weitere Kernanwälte:
Rod MacLean; Annie Pearson; Nicola McGorm
Referenzen
‘I have worked with Sarah-Jane Macdonald in contentious executry disputes. Sarah-Jane is a recognised specialist in the field of contentious trusts and estates.’
‘The team is very knowledgeable and real experts in their field.’
‚WJM have a real depth and breadth of knowledge and skills when giving advice.‘
Highlight-Mandate
- Defended the executor in a Court of Session Proof following allegations of a fraudulent will signing.
- Represented the executor to obtain a judgment that has changed the law in relation to confirmation where there is a foreign domicile.
- Represented the Petitioners in a Court of Session action for the removal of an incapax trustee and the appointment of new trustees where the power to appoint was vested in the incapax party as settlor, complicated by the fact medical professionals were unwilling to provide a diagnosis due to ongoing tests.