Emma Bryson

Overview

I am a Senior Associate in the Disputed Wills & Estates team.

The type of cases I deal with can be extremely emotional and sensitive, often with disputes taking place after a loved one has passed away. I am therefore always mindful of settling disputes as quickly as possible, at the minimal cost to my client. I am pragmatic and pride myself on providing clear and thorough advice, whilst fully supporting my clients through the process.

I specialise in all kinds of Will, Probate, Trust and Inheritance disputes. I represent clients bringing and defending all types of Will validity claims (including fraud or forgery claims), and deal with claims against estates under the Inheritance (Provision for Family and Dependants) Act 1975. I have extensive knowledge of these areas having dealt solely with these kinds of disputes throughout my career as a solicitor.

I am particularly experienced in the niche area of representing spouses in respect of post death claims, where divorce proceedings had been instigated but were not concluded prior to death.

I also specialise in professional negligence claims against Will writers or solicitors, trust disputes including claims made under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), proprietary estoppel claims (broken promises) and financial abuse claims (where there is a deputy or attorney and where there is not).

I also often act for charities in protecting their legacies and assisting with various estate administration disputes.

I regularly deal with cases in the Court of Protection and have a particular interest in contested statutory will and lifetime gift applications and deputyship applications.

I am also appointed, through Michelmores Trust Corporation, to act as litigation friend for minor children and vulnerable adults who lack capacity to litigate.

I am a full member of the Association of Contentious Trust and Probate Specialists (ACTAPS) and I am an affiliate member of STEP (Society of Trust & Estate Practitioners).

Recent experience

Acting for my client in a claim under the Inheritance Act 1975. He was in the midst of divorce proceedings with his wife and had been removed from her Will prior to her passing. The claim was settled at mediation with my client receiving the majority of the estate

Representing the beneficiary of a multimillion-pound trust, including advising in respect of breach of trust claims

Making a successful strike out application and obtaining judgment against a claimant in a claim under the Inheritance (Provision for Family and Dependants) Act 1975 on the grounds of delay and abuse of process

Advising and successfully representing my client in a contested application in the Court of Protection seeking authority to make a lifetime gift of £2million from an incapacitated person’s funds to my client

Successfully challenging a will based on undue influence following lifetime financial abuse and, thereafter, obtaining a Grant of Letters of Representation for my client on the basis of an intestacy

Advising the personal representative of an estate in respect of a large family trust, including issuing an application under the Trusts of Land and Appointment of Trustees Act 1996 and seeking an Beddoe Order

Acting for a large charity in defending the deputy’s application to execute a statutory will and achieving a favourable settlement in correspondence

Acting for a professional deputy in respect of claims of presumed undue influence and financial abuse and successfully recovering 100% of the misappropriated funds plus interest

Advising the children of the deceased in respect of a mutual will claim and successfully negotiating a settlement in correspondence

Representing my client in a claim under the doctrine of proprietary estoppel in relation to a farm promised to her by her mother and resolving the matter at mediation