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Emma Holland#2142

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

3

A donor of a lasting power of attorney (LPA) required care to allow them to continue to live in their own home. One of the donor's attorneys lent the donor money to pay for this care. The loan agreement between the donor and the attorney provided that the loan amount would be repaid when the house was sold with 2% compound interest. The donor no longer has capacity and it has been decided that the property should be sold and the donor go into a home. What action can be taken to ensure that the donor is not prejudiced by the terms of the loan?
A donor of a lasting power of attorney (LPA) required care to allow them to continue to live in their own home. One of the donor's attorneys lent the donor money to pay for this care. The loan agreement between the donor and the attorney provided that the loan amount would be repaid when the house was sold with 2% compound interest. The donor no longer has capacity and it has been decided that the property should be sold and the donor go into a home. What action can be taken to ensure that the donor is not prejudiced by the terms of the loan?
Q&As
When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?
When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?
Q&As
When instructed to act on a sale by an attorney under a registered lasting power of attorney, does a solicitor have to take steps to check either that the donor does not have capacity or, if the donor has capacity, that they are happy for the solicitor to deal with the attorney in connection with the sale?
When instructed to act on a sale by an attorney under a registered lasting power of attorney, does a solicitor have to take steps to check either that the donor does not have capacity or, if the donor has capacity, that they are happy for the solicitor to deal with the attorney in connection with the sale?
Q&As

Practice Area

Panels

  • Contributing Author
  • Q&A Panel

Qualified Year

  • 2010

Membership

  • The Association of Contentious Trust and Probate Specialist
  • AIJA (International Association of Young Lawyers)

Education

  • Emma graduated from Exeter University having studied Law with European study in Italy.
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