Scott Flannigan
- Partner
Insights | Trusts
Real-life drama not so much fun
5 February 2026
Trying to detect and deal with a ‘traitor’ in a will and executry dispute? Call a lawyer first, says Scott Flannigan of Anderson Strathern.
If you’re one of the millions glued to BBC TV reality show The Traitors, you’ll know how quickly suspicion can turn a peaceful group into a battleground of whispered alliances, dramatic reveals, and high‑stakes decisions.
It makes for gripping television, but the same themes of mistrust, secrecy, and shifting loyalties are increasingly playing out in real life – not at a round table in a Scottish castle, but in living rooms and solicitors’ offices. As the population ages and estates grow more valuable, will and executry disputes are rising sharply, and the drama they unleash is far from entertaining to the families involved.
There is no round table in real life
The “I’ve called you all here”-style will readings you see in TV and film productions don’t happen in Scotland. Instead, solicitors will often work with the executor of the estate, which is the person legally appointed to administer a deceased’s affairs, to find out the extent of the estate assets.
It’s also the executor’s role to notify beneficiaries of their entitlement, settle estate debts and liabilities, and to distribute the estate in the best interests of the beneficiaries.
It is common for an executor to also be a beneficiary themselves, but they must remain alert to the risk that their personal interests could conflict with their legal duties.
A growing area
Contentious executry disputes often arise in relation to the validity or interpretation of a will, and concerns about an executor’s handling of the estate.
These disputes usually play out against a backdrop of grief among beneficiaries, long-standing tensions, and misunderstandings about what has been agreed in the will or feels fair.
In my own experience as a solicitor in this area, colleagues and I have seen a marked rise in contentious executry instructions. Concerns about the deceased’s capacity or vulnerability when making their will are becoming more common.
As people live longer, there is a higher prevalence of adverse health conditions, such as dementia, Alzheimer’s, and other age‑related impairments, giving rise to more will challenges based on whether the testator had capacity.
Families may question whether their loved one fully understood the implications of changes made late in life – particularly if those changes benefit one individual disproportionately.
Even when a will is legally valid, the perception of vulnerability can fuel suspicion, potentially leading to allegations of coercion. This can be especially true when a new partner, carer, or distant relative becomes involved in the testator’s affairs during their final years.
Factors such as older generations holding significant property and pension wealth for longer, increased living costs, and a growing dependency by the younger generations on their parents to help with getting on the property ladder, make the stakes higher for disappointed beneficiaries.
With more at stake, beneficiaries are more likely to challenge anything that appears irregular.
We also frequently see concerns based on whether trustees or executors are mismanaging the estate or diverting assets.
Last year, one particular case heard how trust funds were found to be misappropriated to the tune of more than £436,000 across two trusts, a sum which had to be paid back in full. Executors, many of whom are family members with no legal training, can find themselves accused of mismanagement simply because they were unaware of their full obligations or failed to communicate effectively. Even small discrepancies can spark conflict.
Shielding yourself
Much like in The Traitors, the drama in executry disputes often stems from the same core issues – suspicion and misplaced trust.
In families, people assume executors will act honourably, and that trustees will safeguard assets and avoid conflicts of interest.
But when someone quietly acts against the interests of beneficiaries, whether through fraud, coercion, misappropriation, or concealment, the damage can be profound. And unlike a TV show, the victims don’t get a dramatic reveal. They get years of financial loss and emotional strain.
Where there is suspicion of wrongdoing, beneficiaries should seek specialist advice early. Contentious executry disputes are complex, emotionally charged, and increasingly common but, with the right legal guidance from a specialist lawyer, they can be handled compassionately and with a focus on resolution rather than spectacle.
Published in the Scotsman on 2 February 2026.