Howard Kennedy LLP

Monika Byrska

Monika Byrska is a bilingual solicitor specialising in trust, will and estate disputes. Monika advises in all types of private client disputes. This includes: will challenges, Inheritance Act claims, disputes relating to the administration of estates, actions against trustees and personal representatives, promissory estoppel claims, trust disputes between co-owners of a property, and application for directions in administration of trusts and estates. As a STEP-qualified practitioner, she is uniquely qualified to assist with both contentious and non-contentious aspects of trust and estate administration. She therefore also represents personal representatives and trustees advising on the administration of trusts and estates, which are complex or entangled in disputes. As Monika often meets clients when they are going through their most difficult times, she aims to put them at ease with her straightforward and compassionate approach. She has passion and years of experience in resolving what may seem to be the most impossible disputes over wealth. She is bilingual and able to service clients in Polish. With a background in linguistics and interpretation, Monika also has a working knowledge of a couple other European languages. She is a full member of the Association of Contentious Trust and Probate Specialists (ACTAPS) and an associate member of the Society of Trust and Estate Practitioners (STEP). She holds a STEP Advanced Certificate in Administration of Estates, Advanced Certificate in Cross Border Estates and Advanced Certificate in Trust Disputes. She is also a member of the STEP Contentious Trusts and Estates Special Interest Group and ConTrA, a network for Contentious Trusts Associates.

Emily Mailer

Emily Mailer is a trust and estates disputes specialist, resolving both domestic and international cases. Emily acts for individuals, families, executors, trustees, beneficiaries, trust companies, protectors and family offices. She has a wealth of experience dealing with disputes which often have an international element. This includes conducting cases concerning the validity of wills, breach of trust claims, construction proceedings and rectification applications, and applications to remove executors and trustees. Emily also handles Court of Protection applications (both contested and uncontested) for the appointment of deputies and the approval of statutory wills or lifetime gifts. Along with the Trusts and Estates Disputes practice, Emily provides robust representation of clients in court but equally helps clients reach a settlement away from the risk and publicity of litigation where possible. She is experienced in various forms of Alternative Dispute Resolution, such as mediation. Emily's experience means that she also advises settlors who are establishing trusts on risk management issues, such as the treatment of a trust's assets on the divorce or bankruptcy of a beneficiary. She is a regular speaker at conferences and seminars, and also contributes to national publications on issues surrounding disputes relating to inheritance. Emily is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS).