Emilia Carslaw
Junior counsel

Emilia Carslaw

Call to Bar:2020

LEGAL 500 -UK Bar 2025

“Emilia is a fantastic barrister, helpful and positive, and forms a clear opinion on highly technical issues and strategies”.

Emilia has a busy Chancery practice and is ranked as a “Rising Star” for private wealth and probate in the Legal 500 UK Bar 2025. She accepts instructions across the spectrum of private wealth disputes, including those relating to:

  • Wills, probate and claims under the Inheritance (Provision for Family and Dependants) Act 1975;
  • The administration of estates, including claims by and against personal representatives;
  • Trusts disputes (both on and offshore), acting for trustees, beneficiaries and third parties;
  • Interests in property, including proprietary estoppel and common intention constructive trusts disputes;
  • The Court of Protection, with a focus on property and affairs;
  • Tax, both in relation to private clients and in litigation before the tax tribunals; and
  • Art and cultural property.

 

Recent cases include:

 

  • Bond v Webster [2024] EWHC 1972, a high-profile contentious probate trial taking place over six weeks in the High Court, in which Emilia (led by Penelope Reed KC) acted for two of the children of a well-known racing and tyre tycoon Reg Bond in their successful challenge to his will on the grounds of lack of testamentary capacity and want of knowledge and approval.
  • Swissindependent Trustees SA v Sofer [2024] EWHC 1543 (Ch), in a Public Trustee v Cooper application to wind up several trusts.
  • Fisher v Fassis (27 March 2024), a three-day ToLATA trial in the Central London County Court acting for a cohabitee in his successful claim for a 50% beneficial interest in the family home.
  • Fisher v HMRC [2023] UKSC 4; [2023] 3 W.L.R. 1113, appearing before the Supreme Court as part of HMRC’s counsel team in long-running tax litigation concerning the application of the transfer of assets abroad regime.
5 Stone Buildings - building sign
Legal 500 2024

Emilia is a fantastic barrister helpful and positive and forms a clear opinion on highly technical issues and strategies. Her advocacy skills are exceptional, and she is clear, concise and to the point.

About Emilia Carslaw

Pro bono

Emilia enjoys pro bono work and is a panel member of Advocate. She appears on the Pro Bono Recognition List 2024 and was nominated for the Young Pro Bono Barrister of the Year Award 2024. While studying law, she represented the parents of children who had been excluded from school in front of school governing bodies and local councils through the School Exclusion Project.

Education and Qualifications
  • BPTC, City, University of London: Outstanding
  • GDL, City, University of London: Distinction
  • MPhil in Latin Language and Literature, Emmanuel College, Cambridge
  • BA in Classics, Jesus College, Oxford: First Class
Scholarships and Prizes
  • Buchanan Prize (Lincoln’s Inn)
  • Lord Denning Scholarship (Lincoln’s Inn)
  • Lord Brougham Scholarship (Lincoln’s Inn)
  • Postgraduate Scholarship (City Law School)
  • Serle Court Prize for Equity and Trusts (City, University of London)
  • Viscount Sankey Award (Jesus College, Oxford)
  • Hertford Prize for the best performance in the Latin papers (University of Oxford)
  • De Paravicini Prize for the best thesis on a Roman topic (University of Oxford)
  • Various college prizes (Jesus College, Oxford)
  • GDL Moot, finalist and runner-up (City, University of London)
  • Maitland Advocacy Prize, semi-finalist
Memberships
  • Contentious Trusts Association
  • Chancery Bar Association
  • Court of Protection Bar Association
  • Professional Advisers to the International Art Market
  • Advocate
  • Classics for All (Lawyers Group)
Publications and lecturing

Emilia enjoys writing journal articles and has contributed to Trusts & Trustees (see Investing in their best interests: considerations for trustees from the rise of ESG’ (2023) Trusts & Trustees volume 29, issue 8, pp. 698-708, which she wrote alongside Peter Steen, Alexander Rhodes and Margherita Cornaglia of Mishcon de Reya).

Along with other members of Chambers, Emilia writes regular case notes for Trusts & Estates and the Solicitors for the Elderly newsletter.

She also gives webinars and conferences to solicitors about all areas of her practice.

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