Emma McCall

Biography

Emma assists beneficiaries, trustees, and other fiduciaries with trust disputes both onshore and in numerous offshore jurisdictions. Emma also specialises in probate disputes and disputes overseen by the Court of Protection. 

Emma was recognised by eprivateclient in 2016 as one of the Top 35 Under 35 private client practitioners.

Emma and James Price are advising a number of discretionary beneficiaries of Bermudian trusts which own a substantial construction business.  A Public Trustee v Cooper hearing took place in Bermuda in 2017 (Re X,Y,Z Trusts [2017] Sc (Bda) III Civ).

Emma and James Price advised (with foreign counsel) a beneficiary opposed to a trustee√Ę??s proposal to sell a key trust asset.  Following a jurisdiction challenge in Jersey (Representation of G Trustees Limited [2017] JRC 162A), proceedings for trustee removal were brought in Bermuda, where the Court further considered the jurisdiction clash (In the Matter of the E Trust [2017] SC (Bda) 103 Civ).

Emma advised (with Guernsey counsel) beneficiaries regarding the removal of a protector (In the matter of the K Trust, Guernsey Judgment 31/2015).

Emma assisted (with Cayman counsel) trustees in defending allegations of breach of trust through material non-disclosure (AB Jnr & Or v MB & Ors [2013] (1) CILR 1).

Emma advised on jurisdiction in the context of a dispute focusing on the friction between English testamentary freedom and Italian forced heirship rules (Durham v Lambton & Ors [2013] EWhC 3566 (Ch)).

In January 2018, Emma spoke on a panel about estate litigation at the AIJA Winter Seminar.

Published Works

Contact details

emccall@stewartslaw.com

Areas of Practice

Private Client

Year Qualified

2010

Education

Emma graduated from Exeter University having studied Law with European study in Italy.

Memberships

AIJA (International Association of Young Lawyers)
The Association of Contentious Trust and Probate Specialists