Correcting trustee mistakes – Emma Holland speaks at Private Client Conference
5 June 2019
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 often advises in relation to the affairs of those who have lost capacity and associated applications in the Court of Protection.
Emma and James Price are advising a number of discretionary beneficiaries of Bermudian trusts which own a substantial construction business. Issues include the validity of appointments of trustees and protectors, family corporate governance, applications for approval of restructuring proposals in Bermuda and contentious tax. A two day Public Trustee v Cooper hearing took place in Bermuda in December 2017 (Re X,Y,Z Trusts  Sc (Bda) III Civ).
Emma and James Price advised (in conjunction with Jersey and Bermudan counsel) a beneficiary opposed to a trustee’s proposal to sell a key trust asset. Following a jurisdiction challenge in Jersey (Representation of G Trustees Limited  JRC 162A), proceedings for trustee removal were brought in Bermuda on the basis of the governing law of the trust, where the Court further considered the jurisdiction clash (In the Matter of the E Trust  SC (Bda) 103 Civ).
Emma advised (in conjunction with Guernsey counsel) beneficiaries regarding the removal of a protector (In the matter of the K Trust, Guernsey Judgment 31/2015).
Emma assisted (in conjunction with Cayman counsel) trustees in defending allegations of breach of trust through material non-disclosure (AB Jnr & Or v MB & Ors  (1) CILR 1).
Emma advised on jurisdiction in the context of a succession dispute focusing on the friction between English testamentary freedom and Italian forced heirship rules (Durham v Lambton & Ors  EWhC 3566 (Ch)).
Emma graduated from Exeter University having studied Law with European study in Italy. She joined Stewarts in 2017 after spending eight years at Withers LLP. In 2019 Emma achieved the STEP Advanced Certificate in Trust Disputes.
The Legal 500 2018 recognises Emma as a Next Generation Lawyer, and commends her as one who ‘combines an encyclopaedic knowledge of the law with a thoroughness and enthusiasm for her cases which few can match’
Emma was recognised by eprivateclient in 2016 as one of the Top 35 Under 35 private client practitioners.
Emma recently co-wrote an article on “Thorny issues of Without Prejudice Privilege” which (published in the STEP Journal in June 2018) and wrote a practice note on “Challenging lifetime dispositions” (published by Lexis Nexis in May 2018).
She was on a panel at the AIJA Winter Seminar in Valbella, Switzerland, to speak about estate litigation (focussing on the Inheritance (Provision for Family and Dependants) Act 1975).
Emma spoke at an IBC Conference on Protectors alongside Dawn Goodman in February 2016.
Emma was involved in a podcast on protector removal: “When the protector stops protecting” and associated articles for STEP, Private Client Business and WealthBriefing in late 2015.
Emma enjoys tennis, yoga, skiing and cooking for friends.