Emily McKechnie

Trusts, probate and estates: contentious

Emily’s expertise covers contentious and non-contentious trust issues. She is regularly instructed on high value complex matters involving dishonest breaches of trust, sham trusts, failure to account, administration of trusts, and the validity and effect of trust deeds and wills.

Many of the cases in which Emily is instructed involve offshore trusts. She also advises upon trust issues arising in wider litigation, including commercial disputes and matrimonial cases.

Recent cases include:

• Acting for the wife of a very high net worth individual in matrimonial proceedings in a claim to assets worth approximately USD 1 billion. The issues include whether discretionary trusts established by the husband in the BVI are sham trusts or bare trusts.
• ND v SD & ors [2017] EWHC 1507 (Fam) – Successfully representing the wife in matrimonial proceedings in a claim to assets worth over £70 million. The issues included:
  • whether discretionary trusts established by the husband in Cyprus were sham trusts;
  • whether property had been formally settled on trust under the laws of Cyprus;
  • the scope of discretionary powers under Cypriot law.
• Acting for the trustees of a Guernsey settlement in a claim involving:
  • removal of co-trustees;
  • an account of trust property;
  • disclosure of trust information;
  • a trustee’s entitlement to reasonable security;
  • the legitimacy of invoices rendered to the trust;
  • the interaction between a commercial arbitration clause and the court’s inherent supervisory jurisdiction.
• Acting for the object of a multi-million pound Bermudan discretionary trust involving issues about the failure to exercise discretionary powers to restructure trusts and the management of trust assets.
• Acting for the trustees of a multi-billion pound Bermuda settlement in complex proceedings concerning:
  • the validity and effect of a Bermuda trust;
  • the validity and effect of a Swiss family settlement;
  • allegations of breach of trust.
• Advising executors of a large English estate in relation to claims brought by a beneficiary alleging:
  • lack of mental capacity;
  • undue influence;
  • want of knowledge and approval.
• Advising executors in relation to a dispute concerning competing entitlements to the estate of a deceased man domiciled in the Isle of Man.
• Representing the estate of a deceased professional trustee in defence to a multi-million claim involving allegations of:
  • dishonest management of an English family settlement;
  • dishonest management of an English will trust;
  • dishonest management of two property investment companies;
  • deliberate concealment.
• Advising professional executors in connection with the administration of an estate amidst allegations that the will was executed under undue influence.
• Representing both claimants and defendants, including executors, in cases concerning the Inheritance (Provision for Family and Dependents) Act 1975.
• Advising on numerous claims concerning the validity of wills by reason of forgery, duress, incapacity, undue influence, and the satisfaction of formal requirements.

Download Trusts, probate and estates: contentious CV

Professional liability

Emily has an established professional liability practice acting for and against solicitors, barristers, directors, trustees, financial advisers and property professionals.

Recent cases include:

• Acting as sole counsel for an international bank in defence to a multi-million pound claim for negligence and breach of fiduciary duty concerning the operation of a company investing in foreign property.
• Acting as sole counsel for a Saudi Arabian Sheikh in the pursuit of a claim for breach of fiduciary duty concerning the operation of a multi-million pound property investment joint venture.
• Acting for a magic circle firm of solicitors in defence to a claim for negligence concerning the drafting of trust deeds (with Michael Furness KC).
• Representing two barristers (a silk and a senior junior) in defence to a claim arising out of advice given and representation provided in connection with a claim for compensation following a compulsory purchase order (with Jonathan Seitler KC).
• Defending a multi-million pound claim for dishonest breach of trust and dishonest breach of fiduciary duty against a solicitor who acted as a trustee of a family settlement, trustee of a will trust, and director of a property investment company.
• Representing a barrister in defence to a claim arising out of advice given as to the effect of a receivership order granted in support of confiscation proceedings brought under the Criminal Justice Act 1988 (with John Wardell KC).
• Acting for a landed estate in a claim against two firms of solicitors and a barrister for negligent advice concerning the decision to take and retain possession of a hotel in central London (with Jonathan Seitler KC).
• Acting as sole counsel for a number of national mortgage-lending companies in a series of claims for compensation against solicitors and chartered surveyors relating to high-value commercial and residential loan transactions.
• Representing a firm of independent financial advisers in defence to a claim by trustees of an occupational pension scheme for professional negligence in relation to their dealings with a deferred annuity policy (with Michael Tennet KC).
• Acting for a leading construction management firm in a multi-million pound claim for professional negligence against a national firm of structural engineers (with Joanna Smith KC).

Download Professional liability CV