Emma Holland

Stewarts Law

Emma assists beneficiaries, trustees, and other fiduciaries with trust disputes both onshore and in numerous offshore jurisdictions. Emma also specialises in probate disputes, and disputes overseen by the Court of Protection. Emma has been recognised as a Next Generation Lawyer (Legal 500 2018) and as a Top 35 Under 35 private client practitioner (eprivateclient 2016). Notable examples of work include advising (often alongside foreign law counsel): - discretionary beneficiaries of Bermudian trusts holding a construction business on family corporate governance, applications for approval of restructuring proposals and contentious tax. A Public Trustee v Cooper hearing took place in 2017 (Re X,Y,Z Trusts [2017] Sc (Bda) III Civ). - a beneficiary opposed to a trustee's proposal to sell a key trust asset, involving a jurisdiction challenge in Jersey (Representation of G Trustees Limited [2017] JRC 162A) and a trustee removal application in Bermuda (In the Matter of the E Trust [2017] SC (Bda) 103 Civ). - beneficiaries regarding the removal of a protector (In the matter of the K Trust, Guernsey Judgment 31/2015). - trustees in defending allegations of breach of trust through material non-disclosure (AB Jnr & Or v MB & Ors [2013] (1) CILR 1). - on jurisdiction relating to a succession dispute focusing on the friction between English testamentary freedom and Italian forced heirship rules (Durham v Lambton & Ors [2013] EWhC 3566 (Ch)). - on a contested health and welfare, and property and affairs, deputyship application, including the Local Authority's application relating to deprivation of liberty.

Contributed to

5

Challenging lifetime dispositions

Practice Notes

This Practice Note is principally to cover what potential redress there may be where PRs or beneficiaries uncover unsatisfactory lifetime dispositions made by the deceased ie it covers the position after death.

Private Client

A donor of a lasting power of attorney (LPA) required care to allow them to continue to live in their own

Q&A

This Q&A considers what action can be taken to ensure that a donor is not prejudiced by the terms of a loan from an attorney.

Private Client

The widow of the testator was left a life interest in a property and 25% of income from a trust

Q&A

This Q&A considers the remedies available to the widow of the testator where the Will has not been amended following major changes, leaving no provision for the widow.

Private Client

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of

Q&A

This Q&A explains when it is possible to remedy a mistake made in an executed deed by manuscript amendment and the surrounding issues of which to be aware.

Private Client

When instructed to act on a sale by an attorney under a registered lasting power of attorney, does a

Q&A

This Q&A considers the extent to which a solicitor is required to make enquiries as to the donor’s capacity when instructed to act on a sale of property by an LPA attorney.

Private Client