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Emily Mailer is world-class. Perfectly at home handling proceedings in three jurisdictions at once, she always keeps the birds-eye view and has a great tactical brain.

Legal 500 2022
About

Emily Mailer is a trust and estates disputes specialist, resolving both domestic and international cases.

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

She has a wealth of experience dealing with disputes which often have an international element.

This includes conducting cases concerning the validity of wills, 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's experience means that she 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, and also contributes to national publications on issues surrounding disputes relating to inheritance.

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

Ranked, Private Wealth Disputes, Chambers HNW 2021

"Emily Mailer is 'very hard-working, on top of the detail, very easy to work with, a nice person and nothing fazes her. It's a great quality to have in private client disputes: she is level-headed and able'." Chambers HNW 2021

"She is 'reasonable, measured and unflustered by anything,' and is 'just really good at putting clients at their ease and very sound on tax as well'." Chambers HNW 2021

Listed as Leading Individual, Private Client: Contentious Trusts and Probate, Legal 500 2022

"Emily Mailer is eminently sensible and just the sort of empathetic but firm fighter you want in your corner." Legal 500 2022

"Emily Mailer is tough, determined and resourceful." Legal 500 2022

Did you know
Emily is an ever optimistic Norwich City Football Club supporter.  

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