Solicitor - Admitted 2018
Emma Bryson is amiable, confident and has developed a solid technical knowledge. She’s an excellent associate.
We would like to say a massive thank you to all of you for all your time and support since the start of this matter. Your team have been amazing throughout and we have felt so supported. It has not been easy but we would not be where we are now without you all. Your team really were one step ahead.
Overview
I am an 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
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 of a P 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