Private Wealth Disputes
Disputes over inheritances, wills or the distribution of wealth are rarely easy or straightforward. We provide clear strategic advice and specific solutions to help you reach a satisfactory outcome.

We have one of the largest specialist teams operating in Scotland. Working closely with our Private Wealth and Tax team, we provide insight and high-quality advice to resolve high-value and complex private wealth disputes. We act for private individuals and trustees, as well as for institutional clients such as major high street banks.

With several dual-qualified solicitors, and with teams based in Scotland and in England, we often advise on cross-border matters.

Sometimes going to court is unavoidable, for example to establish the effect of a will that has been lost. But where possible we will try to find a solution that avoids litigation; if appropriate, we will explore methods of alternative dispute resolution such as mediation.

Executries/probate

We have extensive experience of advising on disputes that arise during the administration of estates, including:

The interpretation of wills and other testamentary writings
Proving the tenor of lost wills
The removal of executors
Professional negligence claims against executors and solicitors
Advising in relation to the validity of wills, including homemade wills
Challenging wills in situations where the testator may have lacked capacity or was under undue influence, or due to a potentially fraudulent will
Objecting to the confirmation of executors
Advising in relation to domicile
Securing the appointment (and removal) of judicial factors to executry estates
Advising judicial factors on to the management and distribution of complex estates, including on issues arising in relation to assets in multiple jurisdictions and capacity of beneficiaries
Seeking directions from the court as to the proper distribution of estates where there is a ‘lost legacy’ or unidentifiable legatee
Advising in relation to disputes relating to the inheritance of digital assets
The unique requirements of succession in crofting executries
Raising actions for division and sale in respect of succession in family farming partnerships
Legal rights claims for both claimants and executor
Advising on the Inheritance (Provision for Family and Dependants) Act 1975
Advising on a cross-border executry involving farms on each side of the border and an English proprietary estoppel claim brought in England

Trusts

Trusts can give rise to complex disputes between trustees and beneficiaries, often involving family members; as with executry disputes, we can help to find an amicable solution as quickly and pragmatically as possible.

Our experience includes:

Acting for the trustees of a trust in raising a “Special Case” before the Court of Session
Petitioning the Inner House of the Court of Session to amend the terms of private trusts
Advising one of Scotland’s oldest trust funds on restructuring through Scottish Parliament legislation
Acting for a beneficiary of a public trust in relation to an application to the Lord Advocate to have the terms of the trust amended
Advising the beneficiaries in relation to the removal of trustees due to maladministration
Advising on professional negligence matters in relation to trusts
Negotiating the resolution of disputes between competing groups of beneficiaries

Tax

Our team can advise executors and trustees in tax-related disputes, including:

In relation to disputes with HMRC
On the application of Agricultural Property Relief to executry estates
On the validity of “discovery assessments” raised against deceased individuals
On professional negligence matters in relation to testamentary tax planning

Meet our key contacts

Stephanie Hepburn

Partner

Meet our full team

Elaine Brailsford

Consultant

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Christopher Garden

Director

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Gabriella Gilmour

Senior Solicitor

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Stephanie Hepburn

Partner

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Shona Lean

Solicitor

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Thomas McFarlane

Senior Associate

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Ben Pilbrow

Partner

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Malcolm Rust

Partner

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Ross Simpson

Senior Solicitor

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Related articles and insights: Private Wealth Disputes

24 September 2025

Why legal disputes don’t have to be scary

Contributor: Stephanie Hepburn

Legal disputes do not need to be as scary as they seem. With the right approach, clear advice and an effective dispute resolution strategy, they can often be resolved quickly and effectively.

16 September 2025

Father wins right to move daughter’s remains to Monaco

Contributor: Stephanie Hepburn

The sheriff appeal court has granted permission for the disinterment of a teenager’s body to allow reburial in Monaco.

8 April 2025

Challenge of navigating new IHT landscape

Contributors:
Justine McCluskey, Keith McLaren

We might have expected that five months, one consultation document and thousands of tractors driven through London later, the dust might have started to settle on changes to the IHT regime announced within the Autumn Budget. Unfortunately, it is very clear that few individuals feel sure-footed enough in navigating the new IHT landscape to make significant decisions. This article was originally published in The Business.

1 April 2025

Why it’s time to talk about wills

Contributor: Stephanie Hepburn

With an uptick in disputes over estates between beneficiaries, executors, or other family members, and challenges to wills becoming more commonplace in recent years, Partner Stephanie Hepburn looks at what you can do now to protect your family’s future. This article was originally published in The Scotsman.

1 April 2025

The parable of the prodigal son; and the pitched battle between the presumption against donation versus the presumption of gift ex pietate

Contributors:
Stephanie Hepburn, Thomas McFarlane

We examine a recent Glasgow Sheriff Court decision concerning a £70,000 payment from father to son and whether that should be treated as a gift, or a repayable loan.