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Wilson & Fish Solicitors
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Overturning Wills in Scotland: How does the law work? - When is it okay to challenge the terms of a loved one’s Will? This is a question that has been the subject of increased attention in previous months, debated across the media and in the courts. The UK has seen a number of cases being raised by people who claim that they had not been given their proper entitlement to inheritance, most famously in the case of Heather Ilott earlier this year, who won a legal challenge to the terms of her ...
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Siblings Raise Inheritance Disputes in Court - Disputes between family members over wills and inheritances are unfortunately more common than people might think, and a number of interesting examples have recently been reported in the media. Brother Challenges Father's Will In one such case, a brother and sister have gone to court to settle a dispute over their father’s will, reports the Telegraph. Michael Inchbald, who was a well-known interior designer, died in 2013 at the age of 92. Under...
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Wills: Lessons from the rich and famous - We are regularly informed on the lives of the rich and famous. However, while few of us can hope to emulate the lives of some of the world’s most talented artists and performers, we can certainly learn from some of the decisions they take in planning for their death. It was recently reported (available here) that some of the world’s most famous personalities of stage and screen have taken careful steps to plan for how their property is to be organis...
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Wills & Executry: Disputing Survivorship Destinations - In the case of George Hill v Mark Miller Liddell Hill & Others [2016] CSOH 10, decided in January, the Court was asked to rule on a dispute regarding the ownership of a house in Foxbar, Paisley. The Court considered whether a codicil to the deceased’s Will in which she purported to revoke the survivorship destination and, thus, who the house was to belong to, was validly executed.  The case is a useful example of how the Courts interpr...
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The Role of an Executor in Scotland - When a loved one dies, their affairs will need to be organised and their assets distributed to their surviving relatives, according to either the terms of a Will or the intestacy rules. Although it is often referred to as probate (the term used south of the border), this process is called executry in Scotland. It is often the case that close relatives or friends of the deceased will either be nominated in a Will or appointed by the Court to take on the ...
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Disputes Develop Over Celebrities’ Estates - The recent deaths of two music legends have given rise to bitter inter-family disputes over their estates. The first music-icon, Prince, died in April this year at the age of 57. No will has so far been found, creating a lack of clarity over who should inherit a share of the music star’s estate. According to CNBC, the exact value of the estate is not known, but could be worth as much as $300 million. Prince wasn’t married at the time of his death...
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The Importance of Planning for the Future - Recent research has revealed that British people feel more comfortable talking about their own death or the death of a loved one than they did five years ago, but only a third have actually started to put plans in place for when the time comes. The research was conducted by Comres on behalf of the annual Dying Matters Awareness Week, which took place last month. It found that: only 1% of 18-24-year-olds say they have written a will, 52% agree they...
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Court Ruling in Banchory Devernick Estate Will Dispute - In Lumsden & Anor v Lumsden [2016] CSOH 53, delivered in April this year, the Court was asked to grant an interim interdict preventing the sale of the Banchory Devernick Estate on the outskirts of Aberdeen. The dispute arose between the surviving children of Captain Kenneth Ian Hugh Lumsden and concerned the interpretation of his Will and Codicil. The case is a useful example of how the terms of testamentary documents, i.e. Wills and ...
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Disinheritance in the UK: The difference between Scotland and England & Wales
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Prince Had No Will – How Would the Law Apply in Scotland? - Last month, the unexpected death of multi-millionaire musician Prince hit headlines across the world. Iconic landmarks including the Eiffel Tower, New Orleans Superdome and LA City Hall were cast in violet light in tribute to his song, album and film Purple Rain. Even NASA paid tribute to the visionary artist by releasing an image of a purple nebula. As the world mourns the loss, it’s been recently revealed that Prince’s sister has...
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