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Emily Mailer is patient with clients and determined to find the best outcome.

Legal 500 2021
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

"She is clearly a consummate strategist." Chambers High Net Worth 2021

"She clearly knows her stuff and was very proactive in pushing things forward." Chambers High Net Worth 2021

"She handled the case really well; she is excellent to work with - very collaborative and very sensible." Chambers High Net Worth 2021

Emily is ranked in Chambers High Net Worth 2020 for Private Wealth Disputes, London. A legal expert comments "she handled the case really well; she is excellent to work with - very collaborative and very sensible".

Emily is listed as a leading individual for Contentious Trusts and Probate by Legal 500 2020

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