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Trusts, Probate and Estates: Non-Contentious

Emily has been widely known as an expert in the private client field since the publication in her early practice of her book “Changing the Terms of Trusts”. Private client advice is inextricably linked to tax planning considerations, and she has very extensive experience of advising on all areas of personal taxation.

Emily advises beneficiaries, trustees and personal representatives. Her client base, details of which are of course confidential, includes many traditional family trusts (including those bound up with titles), trusts created in relation to successful family businesses and the wealth they generate and offshore trusts in connected with UK-based individuals and those with international connections (such as non-domiciliaries).

Emily is committed to providing cost-effective advice in respect of Wills and trusts, however large or small, size of a fund being no necessary indicator of the complexity of a problem, the importance of finding a solution to the client or the client’s need for experienced and reliable advice.

Emily is happy to advise in relation to trusts which are not governed by English law, giving her advice on the assumption that the governing law is materially the same as English law.

A few examples of areas in which Emily has extensive expertise are as follows:-

  • The validity of the appointment of trustees;
  • Perpetuities and accumulations;
  • The scope of trustees’ dispositive powers and the extent to which they can be exercised without affecting the inheritance tax status of the trust;
  • Self-dealing and conflicts of interest; and
  • The interpretation of accruer provisions.

Emily has wide experience of acting in applications under the Variation of Trusts Act 1958 and under section 57 of the Trustee Act 1925, as well as applications to Court governed by Part 64 of the CPR (e.g. applications for directions in relation to problems which have arisen in the administration of a trust, Public Trustee v Cooper applications to bless decisions or applications to surrender a discretion, Beddoe applications and applications to administer a fund on a particular factual or legal footing).

Emily has a particular expertise in the drafting of trust documents, which is a technical and specialist language. Examples are deeds of appointment and advancement, deeds of variation or disclaimer in relation to Wills, the drafting of arrangements under the Variation of Trusts Act 1958 and arrangements in relation to Court-approved compromises of disputes.