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Emily Mailer 'is brilliant, efficient and a lateral thinker. She can think inside and outside the box and also has a commercial approach'.

Private Wealth Disputes – London, Chambers High Net Worth 2018
About

Emily Mailer is recognised as a leading specialist in trusts and estates disputes, resolving both domestic and international cases. 

Emily acts for individuals, families, executors, trustees, trust companies, and beneficiaries.

Her wealth of experience includes conducting cases concerning the validity of wills, claims under the Inheritance (Provision for Family and Dependants) Act 1975, breach of trust claims, construction proceedings and rectification applications, and applications to remove executors and trustees.

Emily also handles Court of Protection applications (both contested and uncontested) for the appointment of deputies and the approval of statutory wills or lifetime gifts.

Along with the Trusts and Estates Disputes practice, Emily provides robust representation of clients in court but equally helps clients reach a settlement away from the risk and publicity of litigation where possible. She is experienced in various forms of Alternative Dispute Resolution, such as mediation.

Emily also advises settlors who are establishing trusts on risk management issues, such as the treatment of a trust's assets on the divorce or bankruptcy of a beneficiary.

She is a regular speaker at conferences and seminars, for example, The International Trusts and Private Client Forum in Jersey, Cross Border Planning for the Private Client in London and STEP Guernsey.

Emily is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS).   

Recent work

Acting for a trustee in an application to court under its Public Trustee v Cooper jurisdiction to sanction the steps to distribute the trust's assets.

Acting for the executrix and sole beneficiary of an estate, with valuable assets in multiple jurisdictions, where it was alleged by other parties that the deceased's will was invalid (by reason of lack of testamentary capacity and undue influence).

Advising a family member of the deceased in connection with concurrent claims brought against the estate by the deceased's child under the Inheritance (Provision for Family and Dependants) Act 1975 and a claim concerning the validity of the deceased's last will.

Applying to court for a declaration that certain settlements made by the deceased in their lifetime, and associated transfers of funds to them, were void.

Acting for the attorney in an application to the Court of Protection in contested proceedings concerning an application for a statutory will and for retrospective approval of lifetime gifts made by the attorney. 

Accolades
  • Emily is listed as a leading individual: contentious trusts and probate by Legal 500 2020
  • Emily is ranked in Chambers High Net Worth 2019 for Private Wealth Disputes, London. "She is very knowledgeable in this field; she is very commercially aware." An offshore expert says: "She's very solution-focused; if there is a difficult point she will come up with a solution." A peer adds that "she has got a really excellent client manner, she is an excellent person to guide clients through litigation."
  • Emily is ranked in Chambers High Net Worth 2018 for Private Wealth Disputes, London. She is recognised as someone who "knows her way around tricky disputes" and, according to one lawyer, is "everything you want in a fellow professional litigator." A market insider states: "She is brilliant, efficient and a lateral thinker. She can think inside and outside the box and also has a commercial approach." Another source observes: "She has some good clients and is an impressive lawyer. She understands the nuances which arise in what is often family-based litigation."
  • Emily is a leading individual in Legal 500 2018 for Contentious Trusts and Probate, London. She is recognised as "very hardworking" and has "firmly in mind her clients’ best interests and how to achieve their objectives".
Did you know
Emily is an ever optimistic Norwich City Football Club supporter.  

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