Our People - Emily Roskilly

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Emily Roskilly

Partner, Founder, Roskilly & Co

07940 984 777   |   emily@roskillyco.uk

I specialise in disputes between cohabiting (unmarried) couples, co-owners of property, and also contentious probate matters (involving will and inheritance disputes).

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I previously trained and worked for Veale Wasbrough Vizards in their Bristol office for almost 13 years. Prior to that and prior to studying for my law degree, I worked for many years within private practice in the South West and for local government within the legal sector.

I have experience in drafting and advising clients in respect of cohabitation agreements and separation agreements. I also have experience of acting for clients in relation to bringing and defending ToLATA claims, which involve claims relating to constructive trusts and proprietary estoppel. I have experience of settling these claims but also in taking these claims all the way to trial in the County Court and High Court and Appeals in the High Court and in the Court of Appeal.

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I firmly believe in settling claims by way of negotiation, without prejudice correspondence or a mediation either before they are even issued or before they reach any potential trial. This is always my priority because it saves my clients both time and money, however, sometimes, despite all attempts, there will be cases not capable of settling so it is imperative to instruct a legal professional who is flexible and able to provide you with relevant, high quality legal advice, and advice on the strategy to adopt as your matter progresses.

Over the many years I have been in practice I have developed strong connections and working relationships with fellow professionals, from Kings Counsel to junior barristers, mediators, separation coaches, counsellors, estate agents, conveyancers, surveyors, forensic accountants, independent financial advisors, etc. My connections and relationships across various networks ensure I can put you in touch with other professionals if needed in order to ensure you are fully supported in meeting your needs.

Contentious probate disputes

I have many years of litigation experience in respect of will and inheritance disputes. This is an area of law also governed by the Civil Procedure Rules. I have experience of acting for clients in bringing and defending challenges against the validity of wills and claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“Inheritance Act”), including claims on behalf of spouses, cohabitees, protected parties and children.

I also have experience of understanding the structure of various family businesses as part of these claims. I have represented private individuals and also charities in respect of Inheritance Act claims.

I have advised clients in respect of disputes between beneficiaries and executors and trustees to include issuing removal proceedings.

I have acted for both claimants and defendants in respect of claims involving urgent freezing or proprietary injunctions to freeze assets or net sale proceeds of property.

I have been successful in settling many cases for clients by way of attending mediation in respect of both cohabitee disputes and contentious probate matters.

Reported Cases:

Hudson v Hathway [2022] EWCA Civ 1648

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