We use cookies for monitoring visitor numbers only and we do not store any personal details. Learn more...

Please ensure your browser has javascript enabled to view this site properly.

Claim against an Estate

Our Private Client department is led by partner, Jacqueline Dow.  Jacqueline was admitted as a solicitor in 1992, joined the firm in 2018 and was assumed as a partner in 2020. 

When someone dies, people may sometimes be disappointed with the terms of the Will and may want to challenge it.   We can provide advice regarding the grounds upon which a Will can be challenged and, where appropriate, raise any necessary court action.    We can also provide advice to Executors if a claim or court action has been raised against the estate.   

We can also provide advice regarding legal rights claims.   Legal rights are unique to Scots Law and allow a spouse or child to claim a proportion of the estate irrespective of the terms of any Will.   We can pursue a legal rights claim on your behalf and review legal rights calculations to ensure you will receive your correct entitlement and the Executors in the estate are made aware of any potential liability.

If you would like our assistance with challenging a Will, defending such a challenge or in respect of legal rights claims, we would charge for that work by reference to an hourly rate.  Our hourly rates are revised on 1st May each year, with Jacqueline’s current hourly rate being £245 per hour plus VAT (currently 20%) broken down into £24.50 per 6-minute units or part thereof.

Telephone calls will be charged at £24.50 per 6-minute unit or part thereof.

Letters will be charged at 1.25 units per page of 100 words or part thereof.

The drafting of Deeds and Court documents will be charged at 5 units per sheet of 200 words or part thereof.

Copying will be charged at £1.00 per page for the first copy of any document and 40p per page for each subsequent copy.

There will be a separate one-off charge of £25 plus VAT at 20% in respect of our gathering (and updating, where necessary), documentation to comply with the Anti-Money Laundering regulations and administrative matters when opening your file.

The number of hours spent on your case will be determined by the complexity and the unique circumstances of your case.  We will discuss the likely cost of your case with you at our initial meeting. If additional costs arise due to unforeseen circumstances, we will discuss this with you at the earliest opportunity and we will advise you of any increase in cost that may arise.  The hourly rate does not include any outlays that may be required.  These are variable depending on the nature of the case.  We will discuss what these may be at our initial meeting.

The hourly rate does not include any outlays that may be required.  These are variable depending on the nature of the case.

Please ensure your browser has javascript enabled to view this site properly.