Emily Campbell

Private Client

Litigation

Emily has extensive experience of both contentious and non-contentious private client work, including:

• Contentious probate actions and claims under the Inheritance (Provision for Family and Dependants) Act 1975.
  
  
• Disputes relating to the interpretation of trust documents and Wills.
  
  
• Applications under the Variation of Trusts Act 1958, compromises, Re Beddoe applications, Re Yorke applications (estates of deceased Lloyd's Names), applications pursuant to section 57 of the Trustee Act 1925 and other applications by trustees for directions.
  
  
• Applications to the Court of Protection and the Charity Commissioners.
  
  
• Disputes between beneficiaries and trustees and protectors, and actions for breach of trust.
  
  
• Hastings-Bass applications, in relation to which she has been involved as junior counsel in a number of important cases, and rectification claims.
  
  
• A hearing in the Cayman Court involving the partition of a large trust fund using the Cayman equivalent of section 57 of the Trustee Act 1925: MEP v Rothschild Trust Cayman Ltd [2010] WTLR. Emily appeared in the Cayman Court without a Leader - there were four parties appearing by Leading Counsel, and Emily was the only Junior Counsel involved.

Advisory

Emily regularly advises trustees and private individuals in relation to wealth planning, including:

• Inheritance and capital gains tax planning, the taxation of offshore trusts, tax planning and the family home, reservation of benefit and pre-owned assets and business and agricultural property.
  
  
• Conflict of laws.
  
  
• Opinions pursuant to section 48 of the Administration of Justice Act 1985.
  
  
• Drafting trust documentation, Wills, deeds of variation and documentation required to implement tax planning.

Reported cases

These include:

Re Ratcliffe [1999] STC 262 (burden of inheritance tax on partially exempt gifts of residue).

Green v Cobham [2000] STC 820 (Ch D) (Hastings-Bass claim).

Abacus v NSPCC [2001] STC 1344 (Ch D) (Hastings-Bass claim).

Abacus v Barr [2003] Ch 409 (Ch D) (Hastings-Bass claim).

Burrell v Burrell [2005] STC 569 (Ch D) (Hastings-Bass claim).

McClintock v Calderwood LTL 4/5/2205 (Ch D) (probate claim).

Baynes v Hedger & ors [2008] WTLR 1719 (Ch D); [2009] WTLR 749 (CA) (application under the Inheritance (Provision for Family and Dependants) Act 1975 by alleged dependant).