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Band 3
Provided by Emma Holland
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 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. She became a partner at Stewarts in 2021.
•AIJA (International Association of Young Lawyers)
•The Association of Contentious Trust and Probate Specialists
•Top 35 Under 35, eprivate client award (2016)
Emma has featured in the Times in relation to whether the laws around wills are fit for the modern family set-up. Emma has written numerous articles and practice notes including recently for Trusts and Estates Law & Tax Journal, Lexis Nexis and ThoughtLeaders4. She also regularly speaks at conferences.
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).
Provided by Chambers
Provided by Chambers
Emma is very good at looking for the ultimate strategy. She is very proactive at working out long-term strategy for litigation.
Emma is extremely personable. She understands the EQ aspects of litigation.
Emma Holland is an impressive technical lawyer. She has fantastic attention to detail.
Emma Holland is very calm and unflappable under pressure with clients. She always knows what she is doing.
Emma is all over the issues and detail from the word go. She anticipates clients' needs and communicates between all stakeholders efficiently and persuasively.
Emma is very good at looking for the ultimate strategy. She is very proactive at working out long-term strategy for litigation.
Emma is extremely personable. She understands the EQ aspects of litigation.
Emma Holland is an impressive technical lawyer. She has fantastic attention to detail.
Emma Holland is very calm and unflappable under pressure with clients. She always knows what she is doing.
Emma is all over the issues and detail from the word go. She anticipates clients' needs and communicates between all stakeholders efficiently and persuasively.