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Getting the balance right in guardianship cases
When applying for guardianship orders and working in cases involving adults with incapacity, it’s important to balance protection and respect for autonomy
Samantha brings a pragmatic and open approach to resolving clients’ disputes, with a particular focus on Wills, executries, and Guardianships
Samantha Miller is a Senior Associate in our Dispute Resolution and Litigation team.
She joined Lindsays in 2018 as a trainee and over the past seven years has gained practical and in-depth experience of litigating on behalf of a growing range of clients.
Samantha regularly acts for private individuals, companies, and charities, providing advice in a diverse range of legal matters. These include commercial disputes, contractual disputes, debt recovery and enforcement (including the recovery of rent arrears), and residential property disputes, among others. She has experience acting for both pursuers and defenders in these areas and regularly appears in Sheriff Courts.
Samantha has particular experience in relation to disputes involving Wills and executries as well as Guardianships. She has advised individuals in relation to executor disputes and cases (including ‘reducing confirmation’), professional negligence claims, lost Wills, legal rights claims, recovering debt from a deceased’s estate, and challenges to Wills.
She is also a Notary Public
Using a client-centred approach and strong attention to detail, Samantha always tailors her advice to each client’s particular needs and circumstances. Her pragmatism and consideration of the practical and economic aspects of litigation mean that clients are kept aware of any costs involved in pursuing any claims, helping them avoid any disproportionate or preventable expense.
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Meet the team
When a dispute lands, we help you find the most sensible way through. That might mean negotiation, mediation, arbitration or court, always with a focus on protecting your position and keeping disruption to a minimum.
Who we help
We act for businesses, organisations and individuals dealing with commercial, property and contractual disputes, including cross-border issues. If relationships or reputations are on the line, we’ll give calm, practical guidance at each step.
Insights from Samantha
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Guardianship should not be blurred with inheritance disputes
As the number of guardianships in place across Scotland increases, a recent sheriff court case has drawn an important distinction when considering issues at some of the most sensitive times in life.
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What can you do if a Will has been mislaid?
In the latest issue of Lindsays Life we offer some advice on what to do if you lose your Will and how to prevent it happening in the first place.
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When inheritance disputes turn deadly: The case of Dr Thomas Kwan
Wills and succession disputes are not uncommon but a recent case reveals how far some people may go to ensure they inherit.
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R.E.S.P.E.C.T…ing a loved ones wishes – the tale of two Wills
The ongoing legal battle regarding Aretha Franklin's two Wills highlights the difficulties in trying to identify and uphold a deceased’s true wishes.
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A missing Will? How to prove the tenor of a lost Will
An action to prove the tenor of a Will can be complex and it's important to seek advice for your specific situation, however, it's also worth reading these FAQs
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Wills: How best to avoid (or deal with) disputes and challenges
Simple mistakes can invalidate a Will or lead to family fall-outs. We highlight some of the main errors to avoid when making your own Will, and your options…
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At your side to provide peace of mind, our people are here to listen and advise in the moments that matter most.
Meet our peopleDispute resolution and litigation
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