What is your role at Brodies and how do you support private wealth clients?
I am a Senior Associate in Brodies private wealth disputes team. We deal with a wide variety of disputes for private individuals including executry/probate disputes (including will challenges), problems with trusts, issues with family business, and disputes about personal taxes. I help find solutions for clients by understanding what they want to achieve and giving practical, empathetic advice. Whilst I try and resolve disputes without the need for court action, I am also a solicitor advocate which means I can represent clients in all of Scotland’s civil courts, including the Court of Session in Edinburgh and the Supreme Court.
What are the current trends and challenges in private wealth disputes?
There is a clear growth in private wealth disputes across the UK, including in Scotland. A number things play into that. The so-called ‘baby boomer’ generation are wealthier and their assets structures are becoming more complicated. They are also living longer, which leads to an increase in, and more intricate, lifetime intergenerational wealth transfer. This means questions marks of their mental capacity to make gifts, set up trusts or change wills, and also whether they have been subject to undue influence or financial abuse. Add in blended families, multiple marriages, and cohabitation on top, and there is even more potential for high value and emotionally charged disputes. As families are now more internationally mobile, the complexity of their affairs increases and we are seeing a rise in Scottish-based families embroiled in disputes in England, the offshore jurisdictions and places rather more far flung.
Why should clients come to Brodies for advice on private wealth disputes?
Brodies private wealth disputes team can give advice on disputes throughout the UK, and beyond. Our team is made up of contentious and non-contentious experts who collaborate together and have real experience of helping clients with disputes both sides of the border. That means that not only can we deal with disputes in both jurisdictions, but we are uniquely placed to help clients with cross-border issues. We can also call upon our in-house advocacy team, including our two KCs who are both very experienced in these types of disputes. The team is the only one in Scotland to be top ranked by both Chambers and Legal 500 and a number of colleagues have received individual recommendations.
What key advice do you have for solicitors who need assistance with private wealth disputes?
It’s never too early to get a second opinion or expert input! When a dispute is brewing, getting early input on solutions, tactics, and prospects can help with developing strategy and focusing minds early on. In some cases, this can lead to an early resolution, avoiding the need for more significant costs being incurred and positions becoming entrenched. At Brodies we can help by providing specialist advice and acting discretely in the dispute on behalf of other solicitors, but without taking over the whole of their mandate from their client.
How do you spend your time outside the office?
When my four year old daughter (and injuries!) let me I can be found refereeing on a football pitch, watching on from the side of a rugby pitch and pretending to know what’s going on, or plodding the occasional half marathon.
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Legal Director & Solicitor Advocate