Emily Jenkins

Emily is a Senior Associate in the Commercial & Private Client Litigation team specialising in contentious wills, trust and probate matters and property disputes between unmarried co-owners.

Emily joined Clarke Willmott upon qualifying in 2015 after studying at the University of Bristol and training at VWV LLP in Bristol.

Emily’s expertise includes will disputes, claims for financial provision under a will or intestacy, trust disputes and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.

Emily’s clients include private individuals, personal representatives, beneficiaries, trustees and attorneys / deputies.

Emily was recognised by Chambers and Partners as ‘Associate to Watch’ in the High Net Worth Guide 2024.

Emily is a member of the Agricultural Lawyers Association.

Experience

• Emily was the leading solicitor in the Ball v Ball and Another [2020] EWHC 1020 High Court case. Emily represented the successful defendants in a claim regarding an alleged failure to account for a family trust. The case required in depth analysis of trustees’ duties and responsibilities and the positive decision gave rise to welcome clarity from the High Court into a trustees’ duty to account to their beneficiaries.
• Acting for four adult children as claimants in complex trust dispute relating to a family trust with a trust property owned by an off-shore company. After the Defendant consistently refused to mediate, Emily was able to secure a mediation in March 2022 and the claim was settled in highly favourable terms to the clients.
• Acting for a farmer advising on a proprietary estoppel claim over a multi-million pound estate.
• Acting for parties unexpectedly left out of a Will to bring a claim for lack of capacity.
• Bringing and defending claims under the Inheritance (Provision for Family and Dependants) Act 1975 by spouses, partners and people maintained by the Deceased for financial provision from an Estate.
• Advising in relation to the validity of Wills.
• Advising beneficiaries and Executors in relation to difficult Estate administration problems.
• Advising in relation to claims brought against former attorneys under Lasting Powers of Attorney who have breached their fiduciary duties and used P’s funds for their own benefit.