Stewarts Law LLP

Trust and Probate Litigation

Partner

Emma specialises in disputes concerning trusts, estates and mental capacity, frequently involving offshore jurisdictions. Market commentators describe her as “seriously impressive”, whilst clients note that she is “very careful about the details, very reactive” and “one of the very best operators in her field”.

Emma deals with complex, often international, disputes relating to trusts, estates and mental capacity. She has experience of litigation in Bermuda, the Cayman Islands, Gibraltar, Guernsey, Hong Kong, the Isle of Man, Jersey, Liechtenstein and Singapore.

Emma provides trusts advice in respect of the duties of trustees, protectors and other fiduciaries, their replacement/ removal and separation of beneficial interests (often involving Public Trustee v Cooper blessing applications). As to estates, Emma can assist with claims regarding the validity and construction of wills, for reasonable financial provision (under the 1975 Act), regarding broken promises (proprietary estoppel claims) or where personal representatives are failing to properly administer an estate.

Issues relating to mentally incapacitated persons are often determined by the Court of Protection. Emma deals with applications relating to deputyships and powers of attorney, statutory wills and lifetime gifts, as well as connected health and welfare issues.

Examples of recent work include:

• Advising a corporate protector regarding an application for its removal in the Isle of Man.
• Issuing an application in the Court of Protection in respect of the validity of revocations of lasting powers of attorney.
• Advising a Liechtenstein trustee regarding ongoing claims in the family and property courts in the UK.
• Reviewing and stress-testing extensive will files of a well-known ultra high net worth individual to assess to what extent his estate may be vulnerable to potential claims.
• Advising beneficiaries on a proposed restructuring of family trusts, including changes to the trustee- and protector-ships, and beneficial classes (applications made in Gibraltar).
• Advising a beneficiary in light of a judgment from the Guernsey Court of Appeal relating to the construction of a trust instrument (In the matter of the K Trust [2020] GCA537).

Emma graduated from Exeter University having studied Law with European study in Italy (at the University of Bologna). She joined Stewarts in 2017 after spending eight years at Withers LLP.

Nominated as a star associate at the Chambers High Net Worth Awards 2020. Achieved distinction in the STEP Advanced Certificate in Trust Disputes (2019). Top 35 Under 35, eprivate client award (2016). AIJA (International Association of  Young Lawyers). The Association of Contentious Trust and Probate Specialists.

Emma enjoys tennis, yoga, skiing and cooking for friends.