Contentious Executries, 2nd Edition

Cover of Contentious Executries, 2nd Edition
Cover of Contentious Executries, 2nd Edition

Contentious Executries, 2nd Edition

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Contentious Executries: Commissary and Executry Litigation in Scotland, 2nd Edition, Print and ProView eBook bundle

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Frequently bought together

Drafting Trusts and Will Trusts, 15th Edition
Amy Berry, Chris de Beneducci, James Davies, James Kessler KC, Michael Ranson
Publisher:W. Green
Service Number:43333769
ISBN:9780414120723
Publication date:2024-12-15
Print Series:Greens Practice Library
Practice area:Trusts, wills & probate
Jurisdiction:Scotland
External Product Title:Contentious Executries: Commissary and Executry Litigation in Scotland, 2nd Edition, Print and ProView eBook bundle
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Available Formats:Book & eBook
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Roddy MacLeod

No author biography available at this time.

Who is Contentious Executries: Commissary and Executry Litigation in Scotland for?

It's written to support Scottish private client and contentious trusts & estates practitioners, especially general practitioners and litigators who need practical, up-to-date guidance on disputed executries and wider commissary practice.

What does Contentious Executries cover?

The book covers a wide range of problems that arise in contested executry cases, combining procedure and remedies with substantive executry law, such as:

  • Title to sue
  • Remedies at different stages of executry administration
  • Procedure and expenses
  • Setting up and challenging wills
  • Claims against executors
  • Legal rights

Does the book deal with disputes around confirmation and "proving the tenor"?

Yes. The updated 2nd edition specifically highlights additional commentary on opposing confirmation and proving the tenor, alongside other executry-litigation tools and remedies (e.g., reduction and rectification), making it particularly relevant where executry process becomes contentious.

Does the book cover actions against executors?

Yes. This edition flags expanded discussion of breach of trust, removal of executor, and petitions for directions, alongside related procedural and remedial routes that arise in executry litigation.

Does Contentious Executries include guidance on cross-border or status issues?

Yes. The book highlights new commentary on domicile and jurisdiction, presumption of death, and forfeiture — issues that can be crucial in higher-stakes or factually complex Scottish executry disputes.

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