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Contentious Executries

Contentious Executries
Commissary and Executry Litigation in Scotland
2nd Edition
Series:  Greens Practice Library
ISBN:  9780414120709
Published by:  W. Green
Publication Date:  30 Nov 2024
Format:  Hardback, eBook - ProView
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PRODUCT DESCRIPTION

First published in 2022 and now fully updated in a second edition, this book is intended to assist general practitioners and litigators with detailed and up-to-date knowledge of issues such as title to sue, remedies at different stages of executry administration, procedure and expenses. In addition, it includes analysis of substantive legal issues such as setting up and challenging wills, claims against executors, legal rights and more.

  • Updates arising under case law and statute (particularly with reference to relevant sections of the Trusts and Succession (Scotland) Act 1924).
  • Additional commentary on topics including title to sue; opposing confirmation; proving the tenor; reduction; rectification; breach of trust; removal of executor; petition for directions and more.
  • New commentary on other topics including domicile and jurisdiction; presumption of death; and forfeiture.

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