Firms To Watch: Contentious trusts and probate

Spearheaded by John Bett, the contentious trusts and probate practice at Lindsays was strengthened by the arrival of John Thom, following the firm’s merger with Miller Hendry in May 2023.
Led by Fiona Muirs, the team at Blackadders LLP handles a range of cases concerning heritable property, disputed legal rights claims and equity and shares disputes.

Contentious trusts and probate in Scotland

Anderson Strathern

Anderson Strathern is well-regarded for its market-leading experience in handling a wide range of contentious trusts and probate matters, including contentious and sensitive wills, in addition to representing clients before the Inner House of the Court of Session and Sheriff Courts. The team also acts for local authorities in contentious executory and trusts cases. ‘Capable and determined litigator’ Katrina Lumsdaine leads the team, and Gary Burton, Carole Tomlinson, and Scott Flannigan are highly recommended for their experience in beneficiary disputes. Eilidh MacEwan joined from Gilson Gray in February 2023.

Praxisleiter:

Katrina Lumsdaine


Weitere Kernanwälte:

Gary Burton; Carole Tomlinson; Scott Flannigan; Eilidh MacEwan


Referenzen

‘Katrina Lumsdaine is a calm, capable and determined litigator. She is ably assisted in contentions private client matters by Scott Flannigan, who is equally able and astute.’

Kernmandanten

Office of the Public Guardian


Midlothian Council


Various Executry Solicitors throughout Scotland


Highlight-Mandate


  • Involved in the first action seeking to rectify a will in terms of s3 of the Succession (Scotland) Act.
  • Instructed by the executor in a Court of Session action to reduce a Certificate of Confirmation and to prove the tenor of a lost will.

Brodies LLP

Noted for its ‘enviable reputation’, Brodies LLP acts for a diverse roster of clients, including solicitors, high-net-worth individuals and families, and landowning trusts. The team is well-versed in handling contentious personal liability mandates, executory-related disputes and succession planning work. Mark Stewart leads the team, splitting his time between the Aberdeen and Inverness offices. Alan Barr focuses on tax planning matters and Angela McCulloch advises on private client mandates, contentious trusts and estate planning cases. Jamie Reekie is another key contact in the group.

Praxisleiter:

Mark Stewart


Weitere Kernanwälte:

Alan Barr; Angela McCulloch; Jamie Reekie; Christine O’Neill


Referenzen

‘Brodies LLP have a large and diverse base of expertise.’

‘A well-respected team with technically expert lawyers and impressive client list.’

‘Angela McCulloch is very bright and commercially astute.’

Gillespie Macandrew LLP

Gillespie Macandrew LLP stands out for its expertise in multi-jurisdictional estate and asset management, alongside its impressive contentious and disputes offering, in addition to contentious wills and trusts matters. Accredited private practice specialist Agnes Mallon leads the team, regularly advising on contentious estates and trusts, often involving multi-jurisdictional assets. John McArthur has been kept busy with court actions surrounding variation of Trusts in Scotland, and John Stirling advises on the validity of wills and legacies. Other key contacts in the group include Eilidh Adams and Conner McConnell.

Praxisleiter:

Agnes Mallon


Weitere Kernanwälte:

John McArthur; John Stirling; Eilidh Adams; Conner McConnell


Referenzen

‘Agnes Mallon instills confidence and trust. Her advice is clear, precise and she empathised with the difficult situation we were facing.’ 

‘John McArthur is very strong in handling advisory work.’

‘Conner McConnell is a star of the future. He is a very good and very talented litigator.’

Shepherd and Wedderburn

Shepherd and Wedderburn maintains a market-leading contentious trusts and probate offering, regularly servicing a variety of clients on a broad range of matters, including contentious and non-contentious wills, tax and succession planning. With accredited experience in family governance matters, Christopher McGill jointly leads the team alongside Stephanie Hepburn, who spearheads the executory practice. Alexis Graham assists with estate planning and Douglas Sinclair handles trust creation and inheritance tax mandates. Other key contacts in the group include Malcolm Rust and Elaine Brailsford.

Praxisleiter:

Christopher McGill; Stephanie Hepburn


Weitere Kernanwälte:

Alexis Graham; Douglas Sinclair; Malcolm Rust; Elaine Brailsford


Referenzen

‘Approachable, responsive and highly professional.’

‘Malcolm Rust was easy to work with and genuinely caring.’ 

Burness Paull LLP

Burness Paull LLP handles a broad range of private wealth disputes, including contentious wills, taxation and trust administrations, and counts private individuals, executors and beneficiaries among its key roster of clients. Claire Macpherson, who has ‘superior technical expertise’ in private client and personal tax issues, jointly leads the team alongside accredited litigator Ashley Jones, who handles private wealth disputes. Other key contacts in the group include Amanda Armstrong and Meriel Miller, who assist with tax matters and succession planning.

Praxisleiter:

Claire Macpherson; Ashley Jones


Weitere Kernanwälte:

Amanda Armstrong; Meriel Miller


Referenzen

‘The firm brings a commercial sensitivity to private client and trust disputes.’

‘BP have the go-to expertise in the market regarding contentious trusts and probate.’

‘Claire Macpherson has superior technical expertise. Great client service.’

Highlight-Mandate


  • Acting in a cross-border trust dispute involving Scottish trusts with assets in England and minor beneficiaries domiciled in England.
  • Advising on a disputed legal rights claim made by an estranged sibling many years after the death of the parent.
  • Advising on the Scots law aspects of a cross-border dispute, where the applicable law in relation to a handwritten will is disputed, and where the laws of three different countries are potentially relevant in determining how an estate should be distributed.

Morton Fraser MacRoberts

The practice at Morton Fraser MacRoberts is commended for its executry and trust litigation offering, and counts landowners, business owners and high-net-worth private individuals among its key roster of clients. Under the leadership of Richard McMeeken, the team also handles mandates concerning estate, tax, and succession planning and management. Other key contacts in the group include Sue Hunter and Catriona MacPhail.

Praxisleiter:

Richard McMeeken; Sue Hunter


Weitere Kernanwälte:

Catriona MacPhail


Murray Beith Murray LLP

The contentious trusts and probate team at Murray Beith Murray LLP is led by Andrew Paterson, who is well-versed in handling matters concerning contentious wills. Kathryn Johnston assists with a broad range of contentious multi-jurisdictional mandates, while Peter Shand handles inheritance matters, including tax, estate, and succession planning.

Praxisleiter:

Andrew Paterson


Weitere Kernanwälte:

Kathryn Johnston; Peter Shand


Referenzen

‘The practice has a diverse range of expertise among the partners and associates. They will collaborate with experts outside the practice when necessary to provide their clients with the best legal service.’

Highlight-Mandate


  • Assisting a client in relation to a dispute which arose among the trustees about various critical trust terms, including the identity of the beneficiaries; how trust funds must be divided among the beneficiaries; and payments to trustees for services rendered to the trust.
  • Acting for the Executors in the administration of a financially challenging and contentious estate, after some of the deceased’s children raised various claims against the estate and questioned the validity of the Will.
  • Advising the principal beneficiary and Executor in relation to a dispute regarding an intestate estate.

Stronachs LLP

Led by Jaclyn Russell, who is praised as ‘approachable, understanding and knowledgeable’, the ‘first class’ team at Stronachs LLP advises landed estate owners and high-net-worth individuals on contentious matters concerning tax planning and power of attorney. Elevated to partnership in June 2023, Kirsten Anderson leads on capacity concerns, estate administration and property disputes. Other key contacts in the group include Paula Lukins and Karen Oliver, who assist with mitigation strategies and succession planning mandates.

Praxisleiter:

Jaclyn Russell


Weitere Kernanwälte:

Kirsten Anderson; Paula Lukins; Karen Oliver


Referenzen

‘Jaclyn Russell has great experience and professional skill.’

‘The people I have had the pleasure in dealing with at Stronachs have all been first class.’

‘Jaclyn Russell’s knowledgeable responses and advice have been invaluable.’

Highlight-Mandate


  • Advised a widow in a contentious estate matter involving farming and a large-scale windfarm operation.
  • Acted on two interlinked complex estates, which included proving the tenor of a lost Will and the wind up of a trust where both trustees had died, and the extent of the trust property was initially unknown.