Expertise

Emma regularly advises where there is friction between beneficiaries and fiduciaries and also to facilitate separation of beneficial interests, assisting with associated court applications both on- and off-shore.

Emma advises on succession issues and the validity of wills, including issues of capacity and advises where conflicts of private international law arise. She also assists with claims made under the Inheritance (Provision for Family and Dependants) Act 1975.

Emma also has experience in relation to the affairs of those who have lost capacity and associated applications in the Court of Protection.

Recognition

Chambers High Net Worth describes Emma as “tremendously strong,” “absolutely excellent” and “one of the best operators in her field”.

The Legal 500 praises Emma as an individual who “combines an encyclopaedic knowledge of the law with a thoroughness and enthusiasm for her cases which few can match” and “very on-the-ball, technically accomplished and hardworking”.

 

Experience

Advising beneficiaries on claims in the Gibraltar courts relating to a proposed restructuring of family trusts, including changes to the trustee- and protector-ships, and beneficial classes.

Advising a Liechtenstein trustee regarding ongoing claims in the family and property courts, as well as in respect of information and documentation requests made by beneficiaries.

Reviewing extensive will files in order to advise a well-known Ultra High Net Worth individual to what extent his estate may be vulnerable to potential claims from his children.

Advising a beneficiary on the outcome following 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). Multiple potential Public Trustee v Cooper applications are anticipated.

Advised a beneficiary opposed to the sale of a key trust asset.  Following a jurisdiction challenge in Jersey (Representation of G Trustees Limited [2017] JRC 162A), proceedings for trustee removal were brought in Bermuda (In the Matter of the E Trust [2017] SC (Bda) 103 Civ).

Advised beneficiaries regarding the removal of a protector (In the matter of the K Trust, Guernsey Judgment 31/2015).

Assisted trustees in defending allegations of breach of trust through material non-disclosure (AB Jnr & Or v MB & Ors [2013] (1) CILR 1).

Advised on jurisdiction in the context of a succession dispute focusing Italian forced heirship rules (Durham v Lambton & Ors [2013] EWhC 3566 (Ch)).

Publications and Speaking Engagements

Emma has spoken at conferences on a variety of topics and written numerous articles and practice notes, including:

  • “Challenging lifetime dispositions” (published by LexisNexis, November 2020);
  • “How Robust Is Your Structure? The Trustee Identity Crisis” (speaking on a panel at Global Elite Rising Leader Membinars July 2020);
  • A review of the private wealth disputes landscape (co-written, Chambers High Net Worth guide, 2019);
  • Conflicts of law in the context of a probate dispute (AIJA Hong Kong, May 2019);
  • Correcting trustee mistakes (Radcliffe Chambers conference, May 2019);
    Channelling of trust benefits to non-beneficiaries (Simon Gore, February 2019);
  • Estate litigation focusing on the Inheritance (Provision for Family and Dependants) Act 1975 (AIJA Switzerland, January 2018); and
  • “Thorny issues of Without Prejudice Privilege” (co-written and published in the STEP Journal, June 2018).

Career

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.

Emma has written her career story and experience of Stewarts for our careers section, you can view her story here.

Accreditations and Memberships

  • 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.

Personal

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