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Emma Fitzmaurice

Senior Associate

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Emma acts in a variety of disputes for individuals, specialising in contentious trust and probate work.  Some key areas include:

  • Will Validity Challenges
  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Financial Abuse and Undue Influence
  • Executor Disputes
  • Contentious Court of Protection Work
  • Disputes over Trusts of Land
  • Professional Negligence Claims

Emma has acted in several high value estates and for high net worth individuals, and acts for clients in the High Court, County Court and Court of Protection.

As a qualified Mental Health First Aider, Emma is alive to the impact and stress involved in dealing with family and personal wealth disputes, and strives to cut through the issues in order to navigate her clients through the dispute resolution process, whether that is through court proceedings or exploring negotiations to find a practical resolution.

Emma is a member of ConTrA and is a student member of the Association for Contentious Trusts and Probate Specialists.

Emma has an article published on Lexis Nexis discussing personality disorders and testamentary capacity. Read more here. (subscription required)

Legal Services

Contentious Trusts & Probate

Recent Work

Emma has recently:

  • Successfully overturned a will on the grounds of lack of capacity and want of knowledge and approval, as a result of High Court proceedings.
  • Negotiated a resolution as to how the proceeds of sale of a property were to be divided between the joint owners
  • Advised regarding allegations of lifetime undue influence by family members

Court of Protection Disputes

Emma deals with all types of contentious Court of Protection matters, in relation to both property and affairs and health and welfare proceedings. Her case load includes dealing with contested applications to appoint or remove Attorney’s or Deputies, advising on statutory will applications, seeking directions from the Court of Protection including best interest decisions, advising in relation to investigations by the OPG and establishing whether a person lacks capacity. Emma acts for a number of different clients, including Deputies, Attorneys and concerned family members.

As well as her Court of Protection practice, Emma also acts in financial abuse and undue influence cases.

Recent Work

  • Acting in a successful Deputy removal application, where the Deputy had paid herself large sums from P’s funds and absconded abroad.
  • Acting in high value contentious Court of Protection proceedings pursuant to s21A of the Mental Capacity Act 2005
  • Advising a concerned family member in relation to a contested application to appoint a Court of Protection Deputy for Property and Financial Affairs
  • Advising Attorneys in relation to OPG investigations
  • Advising a litigation friend in respect of a professional negligence claim that P has against a protected party’s professional adviser
  • Commissioning a capacity report to establish whether P had capacity to make substantial lifetime gifts.’



To contact Emma or for more information…

Call: 0345 274 6880
Mobile: 0797 389 1640
Or email: Send an email


  • ACTAPS Student Member
  • Member of ConTrA,
  • Level 3 Qualified Mental Health First Aider (Accredited by Mental Health First Aid England)
  • Masters in Law (LLB LLM)

A great source of stability in dealing with a rogue

I don’t normally hug a professional! I just felt so much gratitude for all your hard work, sound advice and emotional support and understanding

So worlds apart from my previous solicitor

Client service

‘Doing the right thing’ is at the heart of Freeths. Find out more about our excellent client service and the strong set of values that guide the way we work.

Our values


Talk to us

Freeths are a leading national law firm with 13 offices across the UK. If you have a query about our services or just want to find out more, why not give us a call?

Contact: 03301 001 014

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