Emma is recognised as one of the leading professionals in Chancery, Probate, Property and Construction in the Midlands. Amongst her specialisms, Emma has a broad chancery practice and has been recognised as a Tier 2 Junior in Chancery, Tax and Probate by the Legal 500.
Emma is especially experienced in contentious and non-contentious probate; and trusts.
She is regularly instructed in matters pertaining to:
- The Inheritance (Provision for Family and Dependants) Act 1975
- Wills and their validity
- Testamentary capacity
- Trusts of Land and Appointment of Trustees Act 1996
- Appointment and removal of executors and trustees
- Trusts Administration
- Trusts of land and estoppel
As well as an expert in her field, Emma understands the personal, and emotional, complications experienced by clients in these often sensitive matters. That said, she offers pragmatic and commercially sound advice to secure the best outcome for her clients.
As well appearing in Court, Emma has a broad paper practice, regularly advising clients upon a range of matters relating to estate and trusts and settling pleadings and applications.
Emma represents clients at mediations.
Emma’s other primary area of practice, namely property, means that she is very often best placed to advise on matters incorporating areas of probate and property – including matters involving agricultural property.
Prior to being called to the Bar, Emma graduated with a First Class degree in English Literature from the University of Bristol. She graduated with the best First Class degree in her year and won, amongst other awards, the Savage Prize for best overall performance.
Emma was also awarded scholarships from the Inner Temple and won awards during her legal study; most recently, Emma has been nominated for Junior Professional of the Year.
Recent court cases:
Representing an adult child applicant in a 1975 Act claim.
Removal of the administrator of an intestate estate.
Representation of a claimant under a constructive trust in a multi-day multi-track trial.
Representation of a claimant executor and beneficiary for an order for sale against a co-owner of the Deceased’s property. The case explored the wide scope of s 15 of TOLATA Representation of claimant executors and beneficiaries for an order for sale against a co-beneficiary.
Application for injunctive relief in a claim under a constructive trust where the respondent was threatening to sell the subject property.
Recent advisory work and drafting includes:
Advising upon the validity of a will where it was alleged the deceased lacked capacity
Advising upon the prospects of a claim under the 1975 Act
Advising an executor as to the effect of the Forfeiture Rule and the Intestacy Rules
Advising a prospective defendant against a proposed claim for proprietary estoppel
Advising upon the removal and appointment of executors and trustees
Advising upon a beneficiary under a will, with a life interest and right to occupy, who has been forcibly removed from a property, as to the likely effect of TOLATA and the likelihood of obtaining injunctive relief to prevent sale of the property
Drafting proceedings to remove a trustee
Drafting proceedings to pronounce for a will in solemn form.
Recommendations
Ranked Tier 2 in Property and Construction.
Legal 500 2023
Ranked Tier 2 in Chancery, Probate and Tax.
Legal 500 2023
Ranked Tier 1 in Chancery, Probate and Tax.
Legal 500 2022
Ranked Tier 2 in Property and Construction.
Legal 500 2022
"She provides detailed and considered advice."
Legal 500 2021 (Ranked Tier 1 in Chancery, Probate and Tax)
‘She provides detailed and considered advice.’
Legal 500 2021 (Ranked Tier 1 in Chancery, Probate and Tax)
Ranked Tier 2 in Property and Construction.
Legal 500 2022
Awards
From Wolverhampton Law Society: Highly Commended Finalist Junior Professional of the Year 2016, Finalist Junior Professional of the Year 2017
From Inner Temple: Frank and Burris Gahan Scholar, Exhibition Award, Duke of Edinburgh Award
From the Bar Council: Bar Council Law Reform Essay Competition, Second Prize
From the College of Law: No5 Plea in Mitigation Competition; Negotiation Competition;
From the University of Bristol: The Savage Prize, for best overall performance, Dean’s List, Ross Turnbull Prize
From the University of Oxford: Oxford University Access Essay Competition, Second Prize
Qualifications
University of Bristol, First Class BA (Hons), English – ranked first in year
The College of Law, LLB, Upper second, Law
The College of Law, Bar Professional Training Course, Very Competent
The College of Law, Graduate Diploma in Law, Commendation
