Elder Client at Scots Law 2023

We are delighted to be returning to the Hilton Glasgow for the first in our Scots Law 2023 Conference Series, exclusively available to delegates in person on the day.

As the population continues to grow older, there is a greater demand for legal advice from elder clients.

Chaired by John Kerrigan of Blackadders, this new conference will include topics ranging from tax planning, legal rights, the impact of the Scott Report and contentious executries to dealing with vulnerable clients, domicile and the correct distribution of intestate estates.

Questions to be considered will include:

• why is domicile important and what are the implications?
• when is a will a will and has it been validly constituted?
• what is the current and future landscape of legal rights in Scotland?
• what is the impact of the Scott Report?
• is it ever too late to undertake elder client tax planning?
• how can genealogy help ensure the correct distribution of an intestate estate?
• how can practitioners learn to identify vulnerable clients?
• how can practitioners seek to avoid litigation of contentious executries?

We look forward to welcoming you to this comprehensive conference only available in person at the Hilton Glasgow.

What’s being covered?

Domicile, interpretation of wills & The Requirements of Writing (Scotland) Act 1995

The importance of domicile in relation to succession cannot be underestimated. Domicile determines, inter alia, which body of law will apply to the interpretation of a Will, what the necessary formalities re execution may be and also (more obliquely) the question of IHT liability. The interpretation of Wills has exercised our Courts for many years. Is the document under examination a Will in the first place? The Requirements of Writing (Scotland) Act 1995 is of extreme importance in relation to the question of validity of a testamentary writing. It is also of extreme importance in relation to setting up documents prepared by the deceased but intended to have testamentary effect. Executry practice is becoming more and more contentious and the above topics feature largely in disputes in which John has been involved.

John Kerrigan, Blackadders

The current and future landscape of legal rights in Scotland: some key considerations

This presentation will begin with a brief overview of current legal rights rules and proposed reforms. Consideration will then be given to some of the key issues that frequently arise in practice, including executor's duties where a potential legal rights claimant cannot be located or there are doubts regarding paternity, legal rights and cross border connections, collation, legal rights and blended families and the associated tax considerations of legal rights. The presentation will also summarise the current LSS guidance for solicitors in relation to legal rights.

Nicola Neal, Brodies

The impact on adult incapacity of the Scott Report

The report of the review of Scottish mental health and incapacity law was published last autumn.  Sandra McDonald will talk about what the future may hold for adult incapacity as a result of this.

Sandra McDonald, EX-PG

Tax planning for elder clients – is it ever too late?

This session will cover: the basic Inheritance Tax rules, reliefs and exemptions; planning opportunities with 7+ years to death; planning opportunities with 2+ years to death; death bed planning opportunities; and planning opportunities after death.

Andrew Paterson, Murray Beith Murray

Intestate executries – how a genealogist can help and how to manage the risk

This session will provide a case study of an intestate estate, and how genealogy can help ensure a correct distribution. It will also consider how best to advise your client when instructing genealogists and how to manage the risk to your firm when instructing genealogists.

Simon Barber, Title Research

Contentious executries: wills and beyond

David will examine common forms of litigation involving executors and estates. He will look at both reducing and proving the tenor of wills, as well as discussing less common applications such as the removal and replacement of executors. He will also discuss ways in which practitioners can seek to avoid litigation and what to do when litigation becomes inevitable. 

David Welsh, Axiom Advocates

Dealing with vulnerable clients

This presentation will discuss how practitioners can learn to identify vulnerable clients and overcome some of the most common barriers in acting for vulnerable clients. It will promote practitioners’ confidence in their own capacity assessments and provide an overview of the law and professional obligations in this area, taking into account ECHR and UNCRPD compliance.

Claire Currie, 1st Legal Solicitors

This event is sponsored by Title Research