Emma-Facey

Senior Associate

T: +44 (0)1392 685275         

E: emma.facey@footanstey.com

Emma specialises in advising on disputes involving legacies, trusts and estate administration. She works closely with the firm's dispute resolution, private wealth and mental capacity teams to provide a seamless service to clients.

Emma specialises in resolving claims relating to disputed legacies, trusts and estates including Inheritance (Provision for Family and Dependants) Act 1975 claims, will validity disputes (including testamentary capacity, undue influence and fraud), applications concerning the interpretation and constructions of wills, applications concerning the doctrine of Cy-Prés, disputes arising out of missing or lost wills, proprietary estoppel claims, professional negligence claims (arising out of advice regarding trusts, wills and estates), executor/trustee disputes, breach of trust claims, contentious statutory will applications and enforcement actions against a deceased's estate.

Emma acts for trustees, executors, beneficiaries and charities. Emma has particular experience of advising charities in relation to legacy administration having spent time on secondment working at Scope and the National Trust dealing with their legacy administration. Emma is able to draw upon her experience early on in her career when she spent time dealing with the administration of trusts and estates and drafting wills.

Emma is a member of the Society of Trust and Estate Practitioners (STEP) and the Association of Contentious Trust and Probate Specialists (ACTAPS). Emma has also completed an introductory course in Fundraising with the Institute of Fundraising and is in the process of completing the STEP Advanced Certificate in Advising Vulnerable Clients. STEP Logo Strap RGB

Work Highlights

  • Successfully acting on behalf of national charities in relation to an application by executors for directions surrounding the construction or interpretation of a Will and a professional negligence claim associated with such action
  • Successfully seeking an order (including costs) in favour of some national charities in relation to an application by executors for directions concerning the doctrine of Cy-Pres and the identity of the organisations named outside of the jurisdiction
  • Acting on behalf of a disabled adult child of the deceased to obtain increased financial provision under the Inheritance (Provision and Family and Dependants) Act 1975 which resulted in a capital payment in excess of half of the value of the estate to enhance the claimants quality of life
  • Acting on behalf of a disappointed beneficiary in relation to a proprietary estoppel claim against an estate in excess of £3million which involved issues surrounding the partnership assets and family farming business. In addition there was a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. A favourable settlement was obtained with a costs order against the estate
  • Acting on behalf of an executor and residuary beneficiary in relation to a probate action which was abandoned and then dealing with the issues surrounding the interpretation and distribution of the estate in particular considering the equitable doctrine of election
  • Acting on behalf of an executor in relation to an application to remove a co-executor and securing a costs order against the co-executor once removed

Contact Emma

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Tags: Senior AssociateFDispute ResolutionCharitiesYes

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