Roddy Macleod

First published by Sweet & Maxwell in 2022, the book covers a wide range of issues which arise in contested executry cases and more generally in commissary practice.

It is of benefit to general practitioners and litigators, providing 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.

The latest edition features: 

• 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.

The book is available to order in print and on ProView here.

Terra Firma will host a seminar in the new year to celebrate the launch, at which copies will be available for purchase. The event will be followed by a drinks reception (details to follow).