The loss of a loved one can be an emotional and challenging time for family and friends, and this can be made fundamentally more difficult when it comes to winding up their estate.
While in most cases dealing with a loved one’s property and personal effects after their death is a straightforward, yet often lengthy, process, if the circumstances are particularly complex, for example involving cross-border succession, high-value assets or no Will (intestacy), disputes can arise between those involved.
At Murray Beith Murray, we understand that complex family relationships can become strained during the emotionally stressful aftermath following the loss of a loved one. Our executry group has considerable experience in finding solutions for difficult or contentious situations, using our technical knowledge combined with skills in negotiation and advocacy to obtain the best possible outcome for our clients. We are sensitive to the family dynamics at the heart of any disputed executry matter and will seek to mitigate the escalation of any disagreement through calm and considered dialogue and expert legal advice bespoke to your specific circumstances.
How do executry disputes arise?
Disputes can occur between the executors, beneficiaries and other family members where valuable assets and multiple jurisdictions are involved and often where family relationships are already strained. In these situations, common points of contention are the identification and valuation of assets, appropriate disposals of assets and the identification of valid beneficiaries.
How to deal with executry disputes?
Disputes must be dealt with quickly and effectively to prevent damage to family relationships, to ensure the wishes of the deceased are respected and to avoid significant loss to the individuals involved – for example where a substantial tax saving is lost because an agreement between the parties could not be reached in time. Expert legal advice is essential to deal efficiently with contentious executries.
At Murray Beith Murray, our executry lawyers are widely recognised for their technical knowledge and negotiation and advocacy skills. When disputes arise, we use our expertise to help you achieve a mutually acceptable agreement, regardless of the complexity, sensitivity or value of the situation. We use a holistic approach to deal with complex contentious matters, collaborating with a range of legal specialists and professional advisers, in order to provide a complete and expert service.
Contentious Executry Advice from Murray Beith Murray
Murray Beith Murray is one of the few boutique, high-value private client practices in the Scottish legal market. We provide expert executry advice and a diligent and efficient partner-led service. We specialise in acting for executors, trustees and beneficiaries in high profile contentious matters, which are often extremely complex, sensitive and may be worth millions of pounds.
Our executry professionals are highly regarded as trusted advisers during times of emotional difficulty or family dispute. We offer both compassion and expertise and provide practical advice specific to your circumstances and wishes. Our expertise include:
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- Conflicts of interest and accusations of the improper administration of an estate by an executor
- Disputes as to valuations for Legal Rights purposes
- Disputes arising through intestate succession
- Disagreements concerning the nomination and appointment of an Executor Dative
- Challenges concerning the validity of a Will
Notable work
Our executry solicitors have assisted, and continue to assist, in the following cases:
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- We were instructed by the executors of an estate worth over £20 million and with assets held in three different jurisdictions to provide legal and tax advice and dispute mediation. We successfully helped the beneficiaries and executors to resolve their issues timeously, and in doing so saved the family involved over £4 million in tax.
- We were appointed as specialist lawyers to oversee the executry work of a local firm dealing with the winding up of the estate. Our client, a claimant of the deceased’s estate, was concerned about the transparency and accuracy of the local solicitor’s work. We reviewed the local firm’s advice and paperwork and identified important inaccuracies and omissions, avoiding a potential loss of £80,000 for our client.
Contact our Specialist Executry (Probate) Solicitors, Edinburgh
At Murray Beith Murray, we operate with the highest standards of integrity and professional expertise. Our approach to client service is sensitive and responsive; we offer more than simply legal advice but rather support and expertise during challenging emotional times. For more information on our contentious executry services, please contact us today.