Emma is an Associate solicitor in the Trust and Estate Disputes Team, where she acts for both claimants and defendants in relation to a wide range of disputes, including:
- Will challenges
- Claims pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (often referred to as Family Provision claims)
- Administration and Executor disputes
- Trust claims
- Statutory will applications
- Court of Protection disputes including those between Attorneys or Deputies.
She is recommended in Legal 500 (2013) who note that 'her grasp of the law, in combination with her ability to absorb information, is impressive'.
Recent examples of Emma's work include:
- Representing a client whose sibling had obtained an injunction preventing the use of our client's share of the sale proceeds of a property she owned jointly with her mother, due to concerns regarding the beneficial ownership of the property. The injunction was successfully discharged and the claim against our client was dismissed.
- Obtaining judgment against the administrator of an estate, in relation to a claim for an account and a claim for wilful default. The defendant was ordered to return in excess of £400,000 to the estate and further ordered to pay the estate's costs.
- Representing a client in relation to a Court of Protection dispute, to establish that she had the necessary capacity required to make the decisions over which questions had been raised by her Deputy. A medical report was obtained from a specialist demonstrating our client had capacity and the Deputy therefore agreed to withdraw the application.
- Obtaining a payment to our client in respect of a sum invested by her mother prior to her death, which had not been distributed with the estate and which the executor, our client's sibling, claimed did not fall into their mother's estate.
- Representing a client in the Court of Protection who was objecting to the registration of an Enduring Power of Attorney (EPA) which appointed his brother as his mother's attorney. The Court ordered that the EPA was not registered and appointed two deputies for the mother.
- Advising a client in relation to her claim under the Inheritance (Provision for Family and Dependants) Act 1975 in respect of her late partner's estate, which includes assets in England and France. Our client had cohabited with the deceased for over 15 years; however the deceased died without a will and had remained married to his wife, who on the intestacy would receive the whole estate.
- Achieving a settlement of approximately half the net estate for an elderly client who had not received reasonable financial provision under her brother's will. The client was the deceased's sole surviving relative. This claim also involved concerns in relation to the deceased's testamentary capacity and whether the deceased had understood the nature of the discretionary trust established under the will.
Emma studied at Newcastle University and completed her legal studies at Northumbria University, where she was awarded a Distinction in the Graduate Diploma in Law. Emma then graduated with Distinction in the Legal Practice Course where she was awarded the Ward Hadaway prize for achieving the highest mark in the Employment elective.
Emma trained at Russell-Cooke and joined the Trust and Estate Disputes Team in September 2011. She is currently studying at the University of Law in order to become an Associate Member of ACTAPS (Association of Contentious Trust and Probate Specialists).
- applications to the court of protection
- capacity and court of protection disputes
- capacity and the court of protection
- trust, probate and will disputes
- trust, probate and will disputes
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