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Wills, trusts and executries conference

Date: 28th January 2020

Time: 09:00 - 16:05

200 SVS Conference & Events
200 St Vincent St
G2 5SG

CPD Hours: 5hours 30minutes

During this conference our expert speakers will discuss the latest developments, future scenarios and core challenges in various areas of wills, trusts and executry work, providing you with practical guidance and case law updates throughout the day.

5.5 hours verifiable CPD

The law of succession is evolving rapidly, with new and upcoming developments affecting various areas of private client work. From the rise of modern family structures to the challenges posed by an increasingly digital world, there are many aspects that practitioners need to keep up-to-date with.

During this conference our expert speakers will discuss the latest developments, future scenarios and core challenges in various areas of wills, trusts and executry work, providing you with practical guidance and case law updates throughout the day.

You will also have plenty of opportunities to discuss and network with peers and colleagues, and to ask questions on specific matters affecting your practice.

Are you a solicitor who specialises in Trusts law  or Private Client Tax Law and would like to develop your career in either of these areas? If so you may want to think about applying to  become an Law Society of Scotland accredited specialist. To find out more see Accredited Specialism.

Learning outcomes

By attending this conference, you will:

  • Gain insights into current developments in the Scottish law of succession; 
  • Explore the practical and legal issues posed by digital assets and electronic communication;
  • Increase your understanding of the main differences between Scottish and English law of succession, and the aspects to keep in mind when dealing with cross-border assets;
  • Refresh your knowledge of the use of trusts and tax developments in succession planning; 
  • Hear about key challenges and recent cases around contentious executries and succession planning for family businesses;
  • Get cross-discipline tips from family law experts into key areas of private client work.
Confirmed speakers
  • John Kerrigan, Consultant, Private Client, Blackadders LLP, Chair
  • Alison Edmondson, Director, SKO Family Law Specialists
  • Simran Panesar-Saggu, Associate, Turcan Connell
  • Peter Murrin, Partner, Turcan Connell
  • John McArthur, Partner, Gillespie Macandrew LLP
  • Eilidh M. Scobbie, former Partner, Burnett & Reid LLP
  • Nick Marshall, Senior Associate, Brodies
  • Ian Macdonald, Partner, Wright, Johnston & Mackenzie LLP
  • Susan Hoyle, Partner, Wright, Johnston & Mackenzie LLP
  • 09:00 - 09:30

    Registration and refreshments
    • Overview of current developments in the Scottish law of succession

    John Kerrigan

    John Kerrigan has now entered his 43rd year of legal practice. He was partner for nearly 34 years and is now a Consultant. John has been a member of the Trusts and Succession Sub-Committee of the Law Society of Scotland since 2005. The main thrust of John's work is currently dealing with contested Estates and giving opinions in his chosen fields (succession, adults with incapacity, trusts, care and funding for the elderly).

  • 09:50 - 10:10

    The challenges of the digital age

    • Key issues around digital assets: practical consideration
    • 'Paperless' wills: key issues and discussion of cases from abroad

    Simran Panesar-Saggu

    Simran is an Associate specialising in the areas of trust, asset protection and succession planning for individuals and families. Simran advises on lifetime and post death tax planning, Will drafting and trust and executry administration. She also advises on Powers of Attorney. Simran has experience in advising clients on contentious and cross border estates.

    10:10 - 10:50

    Will making in Scotland and England: cross-border considerations

    • Succession law in Scotland and England: the main differences and the points to keep in mind
    • Key issues around cross-border assets and succession

    Nick Marshall, Senior Associate, Brodies

    10:50 - 11:00

    Questions and discussion

  • 11:00 - 11:15

    Refreshments and networking
  • 11:15 - 11:55

    The use of trusts in estate planning

    • The concept and types of trust, the powers and duties of trustees: a refresher
    • Practical examples of trust in practice and common areas of dispute
    • Case law update

    Peter Murrin

    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.

    11:55 - 12:35

    Tax law update

    • IHT Reliefs and Exemptions including things to look out for (APR/BPR/Gifts)
    • The residence Nil Rate Band and its issues
    • The OTS report and its possible implications
    • Recent developments in IHT, tax planning and how they affect Will Drafting
    • LBTT and how it affects gifting and Trusts

    John McArthur

    John specialises in complex tax, trust and succession issues and regularly works with other professional advisers to provide advice on structuring complex multi faceted estates to maximise their tax and succession efficiency. He regularly provides opinions to other professionals on legal,  tax and other contentious matters including wills, trusts and executries and has significant experience in all areas of personal tax, and tax planning, particularly Inheritance Tax and Land and Buildings Transaction Tax.

    12:35 - 12:45

    Questions and discussion

  • 12:45 - 13:25

    Lunch and networking
  • 13:25 - 14:05

    Dealing with contentious executries

    • Common causes of dispute
    • Managing executries to minimise risk: some top tips
    • Discussion of recent cases

    Eilidh Scobbie

    Eilidh Scobbie graduated M.A. Ll.B. from Aberdeen University in 1975, where she lectured in tax law for a decade. She is purely a private client solicitor, and has built up a long experience of solving interesting and complex cases involving trusts, executry and tax law.   She has written the last two editions of “Currie on Confirmation of Executors” and in joint author of “Trusts” by Norrie and Scobbie.  She presently serves on the Society’s Trust and Succession Committee and previously served on the Taxation Committee.  She is a member of STEP.

    Eilidh officially retired at the end of 2019.

    14:05 - 14:45

    Succession and tax planning for family businesses

    • The options for succession to family businesses and the issues which arise
    • How to guide your clients to the best options for them, their families and the business
    • The tax considerations which arise when businesses are gifted, inherited and sold

    Ian MacDonald

    Ian Macdonald is Head of Private Client at Wright Johnston & Mackenzie LLP where he has been a partner for 36 years. Ian MacDonald helps individual clients, families and family businesses protect, manage and transfer their property and assets through wills, trusts, powers of attorney and other structures. Ian is qualified to practise in England and Wales as well as in Scotland and is accredited by the Law Society of Scotland as a specialist in trusts law. Ian has been a member of the Society of Trust and Estates Practitioners (STEP) for 28 years. He represents Scotland on STEP's Worldwide Council, chairs STEP's Professional Development Committee and is a member of the STEP Scotland Branch Committee. Ian was founder member of the STEP Business Families Special Interest Group and served as its Deputy Chair from 2007 to 2017. 

    Susan Hoyle

    Susan Hoyle is Tax Partner at Wright Johnston & Mackenzie LLP, leads the firm's Family Business Group and is a Chartered Tax Adviser. Susan advises business families on governance and succession issues. This may for example involve the next generation taking over the business, or the business remaining family owned but not family run, or the business being sold into employee ownership. Susan also advises on governance issues such as board composition and how to regulate the relationship among the board, owners and wider family, and tax issues such as capital gains tax planning, inheritance tax planning and extracting cash from the business.

    14:45 - 14:55

    Questions and discussion

  • 14:55 - 15:10

    Refreshments and networking
  • 15:10 - 15:30

    Family law considerations on key issues around family businesses

    • The statutory regime for financial provision on divorce
    • Which business assets are matrimonial property?
    • Dealing with inadvertent conversion of non-matrimonial business assets
    • Practical advice for private client advisers

    Alison Edmondson

    Alison is a Director of SKO and is accredited by the Law Society of Scotland as a Specialist in Family Law and as a Family Mediator. She also holds a postgraduate Certificate in Mediation and Conflict Resolution; is trained as a Collaborative Lawyer and as a Family Law Arbitrator.

    15:30 - 16:00

    Panel discussion: What's on the horizon for private client practitioners?

  • 16:00 - 16:05

    Closing remarks


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