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.
