Contentious trusts and estates in Scotland

We are incrementally developing a new set of content on Scottish private client law for Scottish practitioners. The content will provide an essential resource for Scottish practitioners, as well as practitioners in England and Wales with clients who need advice on cross-border issues.

Estates and trusts can be fertile ground for contention in practice.

Beneficiaries may seek actions to remove an executor where the executor is in breach of their duties or challenge the entitlement of a person to be confirmed as the executor. An executor may also bring an action to rectify a Will or an action of count and payment. Actions are also commonly brought to determine issues in relation to the testator’s capacity or perhaps there is a concern of undue

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