Elder Client at Scots Law 2026

We are delighted to be returning to the Hilton Glasgow* for the first in our Scots Law 2026 Conference Series, exclusively available to delegates in person on the day.

Our new conference, chaired by the former Public Guardian, Sandra McDonald of EXPG, will take an in depth look at the most important legal developments, as well as considering how you can enhance your practice with topics ranging from assessing capacity and tax planning for elder clients to issues with trust and the practical guidance for guardianship applications.

Sandra will be joined by a panel of experts including Dianne Millen from Datrys Legal, Emma Horne of Thorntons, Andrew Paterson from Murray Beith Murray, Simon Barber of Title Research, Nicola McGorm & Michelle Young of Wright Johnston & Mackenzie and Susan Williams from the Scottish Legal Complaints Commission.

This event is sponsored by Title Research

What's being covered?

State of the Nation

Sandra will look at the progress made over the past 22 years and what further developments are in the pipeline.

Sandra McDonald, EXPG

Assessing mental capacity in Scotland

What is mental capacity? Taking that question as the basis of this session, we’ll discuss why assessment matters and the presumption of capacity, explore key legislation and cases and consider assessment and available legal measures.

Emma Horne, Thorntons

Practical guidance for guardianship applications in a human rights context – learning from other jurisdictions

This presentation will review key issues in guardianship applications arising from recent caselaw, with a particular focus on deprivation of liberty. Drawing on decisions of the England and Wales Court of Protection on recognition of Scottish orders, and submissions to the Supreme Court in Reference by the Advocate General of NI, it will set out the human rights landscape before providing practical advice on addressing the issues in all aspects of guardianship applications from client care through drafting, advocacy and working with experts and safeguarders. Delegates will gain an understanding of the challenges and risks involved and how to address them to achieve successful outcomes for clients and incapable Adults.

Dianne Millen, Datrys Legal

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

With its main focus on Inheritance Tax, this session will review tax planning opportunities for elderly clients as they approach their later years.  This is particularly relevant in view of the Inheritance Tax changes first announced by the UK Government in the 2024 Budget and revised since then.

Andrew Paterson, Murray Beith Murray

Where has the trust gone?

Issues with trusts are on the rise again and clients often shy away from them because of the bad press.  This session will look at some of the common issues that result in trusts needing unravelled, unintended tax consequences, trusts that have failed to meet the purpose (tax or legal rights planning) and where disputes arise around the terms all of which lead to clients losing trust in trusts!

Nicola McGorm & Michelle Young, Wright Johnston & Mackenzie

Genealogy for private client practitioners

A discussion on how genealogy can help private client practitioners and any legal professionals involved in advising elder clients. Case studies will demonstrate practical solutions for court of protection matters, intestate executries and also locating missing people for a variety of legal reasons.

Simon Barber, Title Research

Coping with complaints

Susan Williams will share some insight from the SLCC on the most common causes of complaints about private client work, explore some case studies and suggest some practical tips to help you recognise and deal better with the risk of complaints.

Susan Williams, Scottish Legal Complaints Commission

*A reduced parking rate of £10 per car is available onsite at the hotel. A code will be issued during the conference which can be entered into the pay station when paying before leaving the car park.