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Avoiding negligence in wills and executries seminar

Date: 19th June 2019

Time: 13:30 - 17:20

Location:
Law Society of Scotland
Atria One,
144 Morrison Street
Edinburgh
EH3 8EX

CPD Hours: 3hours

At this half-day event our private client experts will provide you with the tools and guidance on how to avoid negligence claims in the areas of will drafting and executries administration.

3 hours verifiable CPD

In recent years, claims and complaints against solicitors have been increasing across all aspects of legal practice. Figures from the Scottish Legal Complaints Commission show that wills and executries are among the top five areas of law with the highest number of complaints against solicitors, attracting three times more complaints from third parties than any other area of law.

During this seminar, our private client experts will provide you with the tools and guidance on how to avoid negligence claims in the areas of will drafting and executries administration. We will guide you through the aspects to keep in mind and the pitfalls to avoid for drafting efficient wills; delve into the Scots law of negligence in will making and its latest developments; explore the risks and common causes of complaint that affect practitioners in this area; and offer best practice advice for avoiding claims and managing challenging situations.

By attending this seminar, you will:

  • get top tips for drafting efficient wills;
  • learn about recent developments in liability for professional negligence in the area of will making;
  • identify the common areas of risk associated with wills and executries, and learn how to manage them;
  • gain best practice guidance on how to avoid claims and complaints.
  • Mark Paxton, Case Investigations Manager, Scottish Legal Complaints Commission
  • Laura Burns, Associate, Mitchells Roberton 
  • Eilidh M Scobbie, Partner, Burnett and Reid
  • Nicholas Holroyd, Advocate, Terra Firma Chambers
  • Pete Murrin, Partner, Turcan Connell 
  • 13:30 - 13:50

    Registration and refreshments
  •  

    Speaker

    Pete advises clients on estate and succession planning, the formation and administration of trusts, taxation of trusts and estates, family businesses relative to personal and commercial succession, the preparation of Wills, adults with incapacity, and international inheritance and succession matters for high-net-worth clients. He has particular expertise in dealing with contentious trust, estate (testate and intestate) and pension death benefits matters for individual and business clients. Pete also has considerable experience in the field of Trust formation and administration generally and Personal Injury Trusts specifically.

     

    As a graduate of the University of Glasgow and Glasgow Graduate School of Law in 2007 and 2008 respectively, Pete joined Turcan Connell as Partner in 2019, having previously worked with other Scottish and UK based law firms throughout his career. He is a member of the Society of Trust and the Estate Practitioners and accredited by the Law Society of Scotland as a specialist in Trusts Law and Private Client Tax, and by the Society of Trust and Estate Practitioners as a TEP. As an industry expert, he continues to publish content in a range of publications including the Journal of the Law Society of Scotland, STEP, Practical Law and Lexis PSL.

  • 14:00 - 14:40

    Drafting efficient wills: practical guidance

    • Top tips for drafting efficient wills – and how to ensure that client instructions and circumstances are accurately reflected;
    • common pitfalls and how to avoid them.

    Speaker
    Laura Burns

    Laura advises clients on all aspects of Private Client issues including the preparation of Wills, estate planning, and Powers of Attorney. She has extensive experience in managing the administration of estates, including complex and contentious estates. As well as this she advises on the creation and administration of Trusts, Trust accounting and dealing with assets passing out of Trusts to beneficiaries.


    Laura graduated from Strathclyde University in 2006 where she obtained a B.A. (Hons) in History. She studied for her L.L.B, also at the University of Strathclyde, and thereafter completed her Diploma in Legal Practice in 2009. She began a specialised traineeship in Private Client with Bird Semple and as previously worked with other Scottish firms throughout his career. In addition to this Laura is a member of the Society of Trust and the Estate Practitioner, she is also a Notary Public and is a Tutor in Private Client for the Diploma in Legal Practice at Strathclyde University.

    14:40 - 15:15

    The Scots law of negligence in will making

    • An overview: duty, breach, causation, loss and more 
    • Undue delay in preparing wills and other possible grounds of claim 
    • Prescription and other defences 
    • Some recent developments from home and 'abroad'
    • Practical tips

    Speaker

    After Edinburgh University (where he won the Thow Scholarship), Nick went to Oxford (Christ Church). He returned to Edinburgh and undertook a traineeship at Dundas & Wilson, C.S. He then became an Advocate. 


    Nick's practice is now predominantly civil. 

    His main interests are Wills, Trusts and Executories. Details of his experience in these fields are given below.  

    Nick is a member of the Scottish Committee of the Society of Trust and Estate Practitioners ("STEP"). 

    Nick's interests in trust law have taken him a variety of other areas, including: partnerships; "quasi partnerships"; directors' duties & disqualification; and 459 Petitions (now s. 994 of the Companies Act 2006). 

    He has experience of pensions, including those constituted by trust deed and rules, and those predicated on statutory schemes including an NHS Scheme and a Local Government Scheme. He appeared in an appeal from the Pensions Ombudsman to the Inner House: Secretary of State for Scotland v. Turner 2003 S.C. 525. He has also undertaken a judicial review concerned with War Widows pension. Nick contributed to Tolley's Pension Dispute Procedure & Remedies (2002). 

    He has been involved in a matter involving a "Staff Fund". 

    Nick has also had a role in a demutualisation. 

    In relation to liquidation and bankruptcy it is to be noted that Nick has appeared in a wide variety of cases: Liquidator of Taysquare Properties Ltd. 2005 SLT 959 (judicial examination of company officers); Hyndman v. Readman 2004 SLT 959 (1st Div.) (remuneration of liquidator); Ritchie v. Dickie 1999 S.C. 593 (personal bankruptcy of executor-dative); & Smith Petitioner 1999 SLT (Sh. Ct.) 5 (incompetence of seeking provisional liquidator on Scottish limited partnership etc.).  

    Nick envisages that with legislative changes and the downturn in the economy, insolvency may again become a substantial feature of his professional practice.  He has given a talk on judicial examination of Company Officers.

    Nick has been involved in employment law disputes and was a member of the Committee of the Faculty's Employment Law Group. He has acted for employees and employers.

    He advised in relation to various matters including: dismissal for alleged dishonesty; constructive dismissal; an "old style" TUPE dispute; and also in relation to an employment tribunal matter involving claims both under the Working Time Directive and minimum pay legislation. 

    He has taken part in a wide variety of appeals to Sheriffs Principal and appeals to and reclaiming motions in the Inner House: see List of Cases below.  He has also given talks on this topic.

    The highlight of his career to date was appearing as Junior Counsel in the House of Lords in Moncrieff v Jamieson [2007] UKHL 42; 2008 S.C. (HL) 1.  The case was concerned with servitudes and, in particular, whether an express servitude of access carried an ancillary right to park. 

    15:15 - 15:30

    Panel discussion 

    Panel discussion and opportunity to pose questions on particular issues affecting your practice

  • 15:30 - 15:50

    Refreshments and networking
  • 15:50 - 16:25

    Managing an executry to avoid negligence claims

    Speaker
    Eilidh M. Scobbie, Partner, Burnett & Reid LLP

    16:25 - 17:00

    How to avoid complaints: best practice guidance

    • Overview of most common causes of complaint in the area of wills and executries;
    • best practice and client expectation management: practical guidance.

    Speaker
    Mark Paxton

    Mark has a degree in Politics, but since graduating his work has been in regulation and complaints. He worked at the General Teaching Council for Scotland for 12 years, mostly as the Investigating Manager dealing with fitness to practice investigations and policy, including leading on investigating the first complaints to the regulator regarding teacher competence. He has been at the SLCC for 4 years working as a Case Investigations Manager and is currently splitting that role with an Interim Director role with responsibility for Communications, Oversight and Public Policy. He also in his spare time did some freelance sports journalism between 2011 and 2016. 

    17:00 - 17:15

    Questions and discussion

  •  

    Speaker

    Pete advises clients on estate and succession planning, the formation and administration of trusts, taxation of trusts and estates, family businesses relative to personal and commercial succession, the preparation of Wills, adults with incapacity, and international inheritance and succession matters for high-net-worth clients. He has particular expertise in dealing with contentious trust, estate (testate and intestate) and pension death benefits matters for individual and business clients. Pete also has considerable experience in the field of Trust formation and administration generally and Personal Injury Trusts specifically.

     

    As a graduate of the University of Glasgow and Glasgow Graduate School of Law in 2007 and 2008 respectively, Pete joined Turcan Connell as Partner in 2019, having previously worked with other Scottish and UK based law firms throughout his career. He is a member of the Society of Trust and the Estate Practitioners and accredited by the Law Society of Scotland as a specialist in Trusts Law and Private Client Tax, and by the Society of Trust and Estate Practitioners as a TEP. As an industry expert, he continues to publish content in a range of publications including the Journal of the Law Society of Scotland, STEP, Practical Law and Lexis PSL.

Prices

prices exclude VAT

Member:
£129.14
 
New member:
£116.67
 
Accredited Paralegal:
£116.67
 
Trainee:
£116.67
 
Unemployed member:
£104.17
 
Non-member:
£141.67
 

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