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Emily McKechnie

Call: 2005   

+44 (0)20 7306 0102emckechnie@wilberforce.co.uk

Trusts, Tax, Probate & Estates

Emily’s expertise covers contentious and non-contentious trust issues as well as probate disputes.

She is regularly instructed on high value complex matters involving dishonest breaches of trust, sham trusts, failure to account, administration of trusts, and the validity and effect of trust deeds and wills.

Many of the cases in which Emily is instructed involve offshore trusts. She also advises upon trust issues arising in wider litigation, including commercial disputes, pension schemes and matrimonial cases.

Cases on which Emily has recently been instructed include:

  • Acting for the object of a multi-million pound Bermudan discretionary trust involving issues about the failure to exercise discretionary powers to restructure trusts and the management of trust assets
  • ND v SD & ors [2017] EWHC 1507 (Fam)  Acting for the wife in matrimonial proceedings in a claim to assets worth over £70 million. The issues include:
    • whether discretionary trusts established by the husband in Cyprus are sham rusts;
    • whether property has been formally settled on trust under the laws of Cyprus;
    • the scope of discretionary powers under Cypriot law
  • Acting for the trustees of a Guernsey settlement in a claim involving:
    • removal of co-trustees,
    • an account of trust property
    • disclosure of trust information
    • a trustee’s entitlement to reasonable security
    • the legitimacy of invoices rendered to the trust
    • the interaction between a commercial arbitration clause and the court’s inherent supervisory jurisdiction
  • Acting for the trustees of a multi-billion pound Bermuda settlement in complex proceedings concerning:
    • the validity and effect of a Bermuda trust;
    • the validity and effect of a Swiss family settlement;
    • allegations of breach of trust
  • Advising executors of a large English estate in relation to claims brought by a beneficiary alleging:
    • lack of mental capacity;
    • undue influence;
    • want of knowledge and approval
  • Advising executors in relation to a dispute concerning competing entitlements to the estate of a deceased man domiciled in the Isle of Man.
  • Representing the estate of a deceased professional trustee in defence to a £7 million claim involving allegations of:
    • dishonest management of an English family settlement
    • dishonest management of an English will trust
    • dishonest management of two property investment companies
    • dishonest concealment
  • Advising professional executors in connection with the administration of an estate amidst allegations that the will was executed under undue influence.
  • Representing both claimants and defendants, including executors, in cases concerning the Inheritance (Provision for Family and Dependents) Act 1975.
  • Advising on numerous claims concerning the validity of wills by reason of forgery, duress, incapacity, undue influence, and the satisfaction of formal requirements.