Private Client

Legal rights, risk, duties and contention

On Demand

Virtual Semianr

Legal rights, risk, duties and contention: the current landscape for trustees and executors

On Demand

Speakers: Alan Eccles


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3hrs CPD

Trustees and executors and their advisers face increasing scope for risk and contention. Whether it be complex assets, ‘disappointment’, accurately interpreting and implementing the wishes of the deceased, family structures, valuable estates or tax rules solicitors face a growing network of issues to navigate. As well as new issues, old ‘friends’ such as legal rights and trustee powers and duties must be carefully considered. Where contention does rise, solicitors need to be aware of the court processes involved and the remedies and actions that trustees/executors, beneficiaries and others might need wish to seek.

The seminar will look at issues including:

  • risk identification and management in lifetime planning
  • common sources of risk and ‘disappointment’
  • complex assets as such as family businesses and partnership property
  • will interpretation and implementation
  • executor/trustee powers, discretions and duties
  • legal rights
  • ongoing trusts under wills
  • the range of court remedies
  • the professional obligations context
  • The event begins at 2pm. Delegate registration is open from 1:30pm.

    Alan's work covers three main areas: charities, private client and parliamentary matters.

    Alan's private client work covers estate planning including wills, executries, trusts and inheritance tax. He is the author of the Scotland chapter in the textbook International Succession. As part of his private client advice Alan often advises on incapacity law (powers of attorney, court appointed guardianship and other methods of managing the affairs of those less able to do so). This has involved acting in some of the leading Sottish cases on incapacity law and estate and succession planning. A regular commentator on incapacity law matters, Alan's written work has been referred to in judicial decision making. Of Alan's private client work, the Legal 500 notes that he "conveys complicated legal concepts with clarity and humour".