1 . Tell us about your role and experience
I'm a private client lawyer. In everyday language that means I spend my time advising individuals, families and businesses on trusts, succession planning and tax. What is unusual about my experience is that I spent the first decade or so of my working life in England before relocating (back) to Scotland. I am fascinated by the many differences between the two legal systems and a large number of my clients have interests on both sides of the border.
2 . What inspired you to pursue a career in law, and what motivated you to become dual qualified in both Scots and English law?
I studied history at university and spent a lot of my free time singing in the college choir, but when it came to career choices I wanted something that would give me a path to follow but with enough freedom to make it my own. I also loved writing and working with people – probably the two things that I now do more than anything else! I became dual qualified partly by necessity but partly because I wanted to be able to provide joined up English and Scots law advice on succession matters, which can make a real difference to people whose interests cross the border.
3. How has your dual qualification in Scots and English law influenced your approach to private client work?
It gives me a unique perspective on succession because the fundamental rules of law are so different between the two countries. It also allows me to advise clients on matters such as domicile with a clear view of the consequences in both jurisdictions.
Video technology has meant that geography is not a barrier to advising – I act for clients from the far north of Scotland to the south of England (and in Wales, too) – and it is wonderful to be able to continue advising even if clients move around the UK, which is now so common. I take great pleasure in working with clients and families over the long term, often through significant generational changes, and being dual qualified means that I can keep doing that even if some or all of a family move north or south. Clients often need a lot of advice at this point, too, so there is plenty to keep me busy.
4. You work with rural business – what do you get involved in?
Many of my clients own rural land or run rural businesses – this is an area of work that I have taken a great interest in from the early days of my career. From a technical perspective land often presents significant challenges when looking at how to pass it down to the next generation, and it has its fair share of tax complexity too. Family considerations are often paramount, so there is a lot to think about and advise on. Environmental considerations and the importance of natural capital also make it a really exciting area of work to be involved in, and it is a privilege to be able to advise clients who are at the cutting edge of developments in this area.
5. What are the top 3 best bits of advice you can offer to clients with English connections?
Take advice if you or anyone in your family is relocating to England, as there could be legal or tax consequences.
If you own assets in England and Scotland, be aware that your will may need to deal with these assets differently, and the succession rules are quite different depending on where you are domiciled.
Consider making powers of attorney in both Scotland and England if you have assets in both countries. The system for recognising powers of attorney from the 'foreign' jurisdiction is not watertight, and this is often the best way to avoid significant difficulty in managing those assets if you lose capacity because of accident or illness.
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