Residential property

Contentious wills and trusts

A death in the family can bring out the best and worst in people with emotions running high.

We understand that sometimes a dispute can be so serious between people who have an interest in the estate of the deceased, that the only way to resolve it is with the assistance of solicitors.

With strong technical knowledge and a wealth of experience, our team consists of solicitors from different backgrounds and our combined strengths mean we can effectively work together to provide practical advice on the best options for you.

Our expertise includes:

  • Administration of complex and large estates (often with rural businesses/foreign assets)
  • Judicial variation of trusts (both public & private)
  • Advising on all areas of inheritance tax litigation, including negotiating tax settlements with HRMC and taking cases to the Tax Tribunal
  • Experienced Litigation advice
  • Interpretation of Wills/Trusts and effects of legal doctrine

We’re also experienced in:

  • Removal of Executors
  • Proving the tenor of a Will
  • Legal Rights claims
  • Breach of duties claims
  • Acting/negotiating for disappointed beneficiaries (e.g. relating to land estates/farming businesses)
  • Contentious trust matters
  • Advising on Judicial Factories
  • Multiplepoinding
  • Cross border contentious issues

Challenging a Will

There are a number of ways to challenge a Will in Scotland and in addition certain beneficiaries, under Scots Law, are entitled to claim their Legal Rights Although Legal Rights are often viewed as a way of contesting a Will, Legal Rights do not actually make the Will itself invalid.

The main challenges to the validity of a Will are that:

  • The individual did not understand what they were doing at the time of signing
  • There is a flaw in the formal signing of the Will itself
  • The individual was influenced or forced into making the Will

To be successful in challenging a Will there must be a valid reason. A correctly executed Will can’t be challenged simply because you received less than you expected, although you may still be entitled to claim you’re Legal Rights.

To discuss challenging a Will contact us.

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