1. What is your role at Brodies and how do you support private wealth clients?
My role involves guiding private wealth clients through the complexities of succession planning (from putting in place wills and powers of attorney through to setting up structures to hold family wealth), winding up executries, trust administration and advising on private wealth disputes. We focus on the objectives private wealth clients want to achieve, and support them by advising on matters like the transmission of their wealth to maximise tax efficiency and asset protection whilst balancing this with concerns about fairness among children, revealing the extent of wealth too early, or disincentivising ambition.
2. If you could change one aspect of the law, what would you change?
I would change aspects of the appointment of executors when someone dies without a will. The current legislation governing this is from 1964, and it sets out a very specific order detailing who can act as executor, tied with those who will benefit from the intestate estate. In many cases, this works but I’ve seen an increasing number of cases over the last year where this has been problematic where the person who died had never married or had children.
On intestacy, the sole person entitled to be appointed as executor and inherit their estate was their only sibling. However, in one case, the sibling was overseas, in their 90s, and not terribly good with email. In another case, the sibling was in ill health, physically, and with a recent diagnosis of dementia, there were understandable concerns around their capacity to act as executor for the period needed to administer the estate. The current law does not allow either of these situations to be dealt with quickly and easily and can cause significant additional stress at an already difficult time. Introducing a way for those required to act as executor to decline, and allow another family member to step in and assist could significantly help families at a difficult time rather than relying on the more cumbersome (and expensive) options available at present.
3. What key advice would you give to professionals advising on private wealth and estate planning?
Every family is different so adopt a holistic approach. Take the time to understand not just the financial picture, but the emotional and relational dynamics. Whilst tax planning is a key part of it, it shouldn’t drive the entire strategy. Clients often have unspoken concerns — fairness among children, timing of wealth disclosure and transmission of wealth or fears of disincentivising ambition. Ask open-ended questions to explore their intentions, concerns, and expectations. This builds trust and ensures the advice is truly tailored to their circumstances.
4. What are current trends or challenges in private wealth law that are keeping you busy at the moment?
The landscape of private wealth law is constantly changing, and staying up to date with legal developments is essential to delivering informed, strategic advice. The UK Government’s October 2024 budget introduced the most significant overhaul of inheritance tax in a generation — changes that will materially affect how we advise our clients, and how they manage their wealth and succession to that.
The passing of the Trusts and Succession (Scotland) Act 2024 will also bring some welcome changes in relation to trusts when it comes into force (although that date still remains unknown at present).
5. How do you spend your time outside the office?
My young family keeps me very busy, and weekends usually involve a mix of dog walks, home baking and visits to museums or Edinburgh Zoo. When I do get a little time to myself, playing tennis, going to the theatre or reading a good book is a real treat.
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