Emma Holland

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). · Stewarts Law LLP

EnglandTrusts & Probate Litigation, Trusts

Email Call Website

About

Partner at Stewarts Law LLP who specialises in disputes concerning trusts, estates and mental capacity, frequently involving offshore and cross-border jurisdictions. Market commentators describe her as “seriously impressive”, and clients praise her attention to detail and responsiveness.

Practice areas

Trusts & Probate LitigationTrustsEstate LitigationMental Capacity / Court of ProtectionPrivate ClientOffshore Litigation

Office

England

Stewarts Law LLP · 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).

England

Expertise

Offshore jurisdictions: Bermuda, Cayman Islands, Gibraltar, Guernsey, Jersey, Isle of Man, Liechtenstein, Hong Kong, SingaporeTrustee, protector and fiduciary disputes (including replacement/removal and separation of beneficial interests)Trust restructuring and trust instrument construction disputesWill validity, will construction and claims for reasonable financial provision (under the 1975 Act)Proprietary estoppel (broken promise) claims and personal representatives' breachesCourt of Protection work: deputyships, lasting powers of attorney, statutory wills, lifetime gifts and related health and welfare issues

Education

Exeter University — Law (with European study at the University of Bologna)