Everyone should have a will. Without one, the costs and time taken to wind up an estate after death can increase considerably; creating additional distress for your loved ones. Having a will also means that you decide who inherits your assets on your death. A will is particularly important if there are young children involved, or if your estate is likely to be subject to inheritance tax.

Our wills team works closely with you, to ensure that your will accurately reflects your wishes and circumstances. Where necessary, we draw on the skills and knowledge of other specialists across our firm to ensure that your objectives, both personal and business, are met. Whether the arrangements are simple or complex, the result will be the same - peace of mind.

"Whenever we need advice on Scottish law in the contentious probate and trusts field, our first port of call would be Brodies. They are very user-friendly, responsive and know their stuff."

Legal 500 UK 2021

Even where there is a will, matters can become complicated upon death. For example, concerns can arise about whether a person has capacity at the time of writing their will – or a spouse or child has not been named in a will and may wish to action their legal rights.

Working alongside our dispute resolution colleagues, we have extensive experience in addressing a wide range of disputes; from the removal of executors and/or trustees, to lost wills, trust disputes and financial claims by cohabitants on death.

We understand when going to court is the best option, but also when clients' interests are best served through alternative channels.

We work hand in hand with clients to identify the method of dispute resolution that is the most cost-effective and appropriate option. Where agreement cannot be reached, our skilled and experienced litigators will represent clients robustly in courts throughout Scotland.

Our expertise in this area is recognised by Legal 500, where we are ranked tier 1 in Contentious Trusts and Probate.

Changing or Challenging a Will key highlights icon

Changing or Challenging a Will key highlights

  • Acted in court proceedings concerning the validity of a will.
  • Successfully removed an executor after their actions prevented the estate from being dealt with for over three years.
  • Acting for an executor to reach a negotiated settlement in respect of a contentious s29 action by a cohabitant to claim a share of the estate.
  • Acted in court proceedings regarding the valuation of executry assets.
  • Successfully acted for the minority trustee in a breach of trust action and obtained interdicts to prevent the majority of trustees acting in breach of trust to safeguard the interests of the charitable beneficiaries.