Emma specialises in Contentious Probate, including claims in relation to the validity of Wills, claims under the Inheritance (Provision for Family and Dependants) Act 1975 and claims to remove personal representatives.
She also has considerable experience in property disputes, including residential Landlord and Tenant and is a member of the Property Litigation Association.
Emma also advises in relation to employment matters .
Examples of her work include:
- Acting for a number of Claimants in relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975, including spouses and adult children.
- Acting in relation to challenges to the validity of Wills on the basis of undue influence and lack of capacity.
- Acting for a Beneficiary of an estate to remove an Executor who failed to administer and distribute the estate.
- Acting for Executors in seeking directions from the Court as to the steps to be taken in the administration of the estate.
- Acting on a number of occasions for clients who wanted to sell a jointly owned property where the co-owner would not co-operate.
- Defending an application for an Order for Sale of property where the Opponent was unsuccessful in establishing a beneficial interest in a property owned in the client’s sole name.
- Advising on a number of cases in relation to boundary and right of way disputes.
- Acting for a cohabitee in a property dispute where their partner was made bankrupt and trustee in bankruptcy sought to claim the entire proceeds of sale of property in which the client had an interest. Secured a lump sum payment.
- Acting on many occasions for landlords seeking recovery of property let to tenants, taking possession proceedings through court where necessary.
- Advising on a number of settlement agreements for employees terminating employment with varying size businesses.
- Negotiating terms of settlement for departing employees.
- Advising on claims in relation to Unfair Dismissal and Restrictive Covenants.
Emma said: “Clients tell me they appreciate my empathy and ability to be realistic about prospects of success, for example, advising when a claim is not worth pursuing.”
Legal 500 2017 Wards Solicitors is recommended for Contentious Trusts and Probate and Emma Kerry is recommended in the editorial – ‘very good with clients and prepares clear and concise instructions’.
Qualifications and Experience
- Psychology degree 1994
- Qualified as a Solicitor in 2005
- Member of the Association of Contentious Trust and Probate Specialists (ACTAPS) since 2015
- Member of the Employment Lawyers Association
- Has specialised in Litigation work since 2005
Supervised by Elizabeth Fry