Wills, Estates & Succession Planning

Our Business Succession Planning team helps to transition your business to the next generation, or to new ownership. We listen to your objectives and prepare the strategy and the documents you require for a smooth handover. Top of our priority list is preserving your business continuity and maximising the value of your company.

Our Contentious Estates team specialises in resolving disputes related to wills, estates, trusts and succession matters. We handle a range of contentious matters including will challenges, executor disputes and claims of undue influence or lack of capacity.

These disputes are often highly sensitive and emotionally charged. We strive to resolve conflicts efficiently and amicably, while still giving you the most robust representation. Whether through negotiation, mediation, or litigation, we work diligently to protect your interests and achieve a fair outcome.

You can trust our team to navigate the complexities of estate disputes with professionalism and dedication, ensuring your rights and those of your loved ones are safeguarded.

We advise on:

• Breach of fiduciary duty claims
• Claims by cohabitants under s.29 Family Law (Scotland) Act 2006
• Claims of undue influence and lack of capacity
• Disputes over asset distribution and estate administration
• Executor and trustee disputes
• Fraud and forgery allegations in estate matters
• Inheritance claims and disputes
• Trust disputes and litigation
• Will contests and validity disputes

Executry (or ‘probate’ in England) is the legal process of winding up a person’s estate after they die. We help you gather the assets, pay any debts and taxes owed, and distribute the assets to the beneficiaries in accordance with the will.

If you are an executor, we guide you through the process and make sure you meet your legal obligations and avoid any mistakes in the process. Alternatively, you can instruct us to handle everything for you.

In circumstances where there is no will, we apply to court to appoint an executor first. Then we can handle the estate in accordance with the rules of intestacy.

We understand that this can be a sensitive time for you and your family. Our lawyers approach these situations with empathy, as well as legal precision. We try to make it as straightforward and stress-free as possible for you.

When an adult has lost capacity to make decisions for themselves, then a guardian is appointed to make key decisions for them.

We can make a Guardianship Order for you to become the legal guardian of another adult. We gather the reports that you need and present your case in court. Once the order is in place, the guardian can make personal, health, or financial decisions on their behalf.

In certain situations, you may want to appoint a person in a professional capacity to act as the guardian. We accept appointments to be guardians and we can discuss this with you.

Drafting a Power of Attorney helps you plan effectively for the future. You never know when you might become seriously ill, or have an accident, which leaves you lacking in capacity. While it is not a pleasant thought, it is much better to be prepared.

A Power of Attorney will appoint somebody to deal with your financial or property matters, or to make decisions on your personal welfare.

We will make sure that your Power of Attorney is clear and enforceable, and that all the important points have been covered.

Once you are happy that it covers everything, you sign it, and we register your Power of Attorney for you at the Office of the Public Guardian.

Our team provides expert advice to help individuals and families manage and minimise their tax liabilities effectively. We specialise in crafting personalised strategies that align with your financial goals and comply with current tax regulations.

We can assist you with planning and structuring your estate to reduce your exposure to inheritance tax. We give you guidance on managing capital gains tax implications from property sales, investments and other assets.

As our client, you benefit from solutions uniquely designed to protect your wealth and ensure a smooth transfer of assets to your beneficiaries.

Services include:

• Capital gains tax advice and strategies
• Business succession planning
• Inheritance tax planning and mitigation
• Residence and domicile tax issues
• Tax advice on property transactions
• Tax implications of estate and succession planning
• Trust and estate tax compliance

Our Trust Administration team provides expert guidance and support in managing trusts. We make sure that your trusts operate smoothly and comply with legal requirements and that trustees fulfil their duties.

Our dedicated solicitors assist with the establishment, administration and termination of various types of trusts. These include family trusts, charitable trusts, discretionary trusts and personal injury trusts.

We offer comprehensive services such as trust accounting, tax planning and regulatory compliance, tailored to meet your unique needs. Your trust will be administered efficiently, with the assets safeguarded to maximise the benefits for your beneficiaries.

Our services include:

• Charitable trust administration
• Establishing and structuring trusts
• Registration of trusts under both HMRC’s Trust Registration Service (TRS) and the Register of Controlled Interest in Land (RCI)
• Resolving disputes between beneficiaries and trustees
• Tax planning and reporting for trusts
• Trust compliance and regulatory advice
• Trust deed drafting and review
• Trustee advisory and support services

Give yourself the peace of mind that your legacy will benefit the people and causes you care about most. You can draft a will at any time, and change it as and when you need to.

Our lawyers will listen to your requests and draft a will that reflects your intentions. We can deal with any sensitive matters, such as explaining decisions that may be controversial, in a letter of wishes.

Where you are not sure what the best allocation of assets may be for inheritance tax purposes, we can offer advice.

With a professionally drafted will, you will avoid ambiguity or issues of enforceability, leaving your loved ones with your legacy in the way you intended.