Guidance: duties re legal rights
New guidance from the Society on whether executors are obliged to inform a potential legal rights claimant of his or her entitlement
The Society’s Trust & Succession Subcommittee and Professional Practice Committee both identified issues of note to the profession arising from the Scottish Solicitors’ Discipline Tribunal findings in the case of David Haddow Campbell (11 March 2013; Journal, December 2013, 30).
An important finding was that there was no clear authority on the obligation of executors to inform a potential legal rights claimant of his or her entitlement. Guidance produced by the Trust & Succession Subcommittee and finalised in consultation with the Professional Practice Committee is now published on the Society’s website. This clarifying guidance is available from Section F, Division I of Rules and Guidance.
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