December 2019 – When Executors Go Rogue

The recent case of Baynton-Williams v Baynton-Williams ([2019] EWHC 2179 (Ch)) in England flags up the importance of taking care not to inadvertently mislead the court in preparing a witness statement and the importance of expert witnesses complying with their duties...

June 2017 – Rectifying A Wayward Will

Rectifying contracts and other deeds Since 1985 there have been statutory provisions in place so that where: a contractual document fails to express accurately the common intention of the parties when the agreement was made; or a document intended, for example, to...

October 2016 – Executor Appointment Changes

Introduction  Something was said about the new Succession (Scotland) Act 2016 in the Bullet Point Updates for February and March this year. This update focuses on one particular aspect of the changes concerning the procedures for the executors appointed under a Will...

March 2016 – Succession Law Changes – Part 2

The Succession (Scotland) Act 2016 (“the 2016 Act”) was passed by the Scottish Parliament last month and received Royal Assent this month. Last month’s Bullet Point Update commented on some of the Act’s provisions concerning wills. This month we look at some of the...

September 2015 – “The battle of the executors”

Introduction  When someone makes a will they usually include in it the appointment of “executors”: that is the people they want to be in control of the administration of their estates and responsible for distributing the property to their chosen beneficiaries. The...