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 has been ranked as a “Rising Star” for private wealth and probate in the Legal 500 UK Bar 2025 and 2026. She is a member of the Attorney General’s C Panel. 

Emilia accepts instructions across all areas of chambers’ practice, including contentious trusts and estates; interests in property; the Court of Protection, with a focus on property and affairs; taxation (for private clients and in litigation before the tax tribunals); and art and cultural property. Recent cases include:

  • Winehouse v Parry and anor (ongoing): Emilia is acting (led by Henry Legge KC) for the estate of Amy Winehouse in claims in conversion and breach of fiduciary duty in relation to the sale of various chattels sold at an auction of Amy Winehouse memorabilia.
  • British Camelids Ltd v The Brooke and ors [2025] EWHC 2255 (Ch), a widely-reported claim by a UK camelid charity against other animal charities relating to the construction of a llama lover’s will leaving legacies to charities which had changed legal structure. Emilia also successfully obtained an order that costs to be paid out of the estate on Buckton principles [2025] EWHC 2461 (Ch).
  • Bond v Webster [2024] EWHC 1972; [2024] All ER (D) 09 (Aug): 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 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.

Emilia has a prize-winning first class degree in Classics from the University of Oxford and a master’s from the University of Cambridge. She achieved a distinction on the GDL, coming top in equity and trusts and third overall, and “Outstanding” on the bar course. Emilia is also a keen choral singer.  

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Legal 500 UK Bar 2025 – Private Wealth and Probate (Rising Star)

"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."

Legal 500 UK Bar 2026 – Private Wealth and Probate (Rising Star)

"Emilia is excellent. She is hard working and forensic in her knowledge of dates/documents."

About Emilia Carslaw

Contentious trusts and estates

Emilia has significant experience in high-value contentious probate litigation and advises on disputes concerning the construction of wills and the administration of estates, including claims for accounts and for the removal of personal representatives. She is regularly instructed in claims under the Inheritance (Provision for Family and Dependants) Act 1975 and is part of the editorial team of Francis on Inheritance Act Claims, the leading practitioner text. Emilia also acts in trusts disputes (both on and offshore), acting for trustees, beneficiaries and third parties. 

Recent decisions include:

  • British Camelids Ltd v The Brooke and ors [2025] EWHC 2255 (Ch), a widely-reported claim by a UK camelid charity against other animal charities relating to the construction of a llama lover’s will leaving legacies to charities which had changed legal structure. Emilia also successfully obtained an order that costs to be paid out of the estate on Buckton principles [2025] EWHC 2461 (Ch).
  • Bond v Webster [2024] EWHC 1972; [2024] All ER (D) 09 (Aug): 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 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); [2024] All ER (D) 75 (Jun): acting, in a Public Trustee v Cooper application, for the minor and unborn beneficiaries of the trusts fraught with litigation.
Property

Emilia has particular expertise in disputes concerning beneficial ownership of property, including claims under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA), proprietary estoppel, and common intention constructive trusts. Recent decisions include:

  • Fisher v Fassis, a three-day ToLATA trial in the Central London County Court in which Emilia acted for a cohabitee in his successful claim for a 50% beneficial interest in the family home and obtained indemnity costs.
  • Alison Court Management Company Ltd v Crown Estate Commissioners [2022] EWHC (Ch); [2022] All ER (D) 117 (Jun), in which Emilia acted for the claimant management company in its successful application that freehold titles which had escheated to the Crown should be vested in it pursuant to s. 181 Law of Property Act 1925. 
Taxation

Emilia advises on inheritance tax and capital gains tax issues for private clients, as well as broader tax litigation before the tribunals, particularly relating to tax avoidance schemes. She appeared before the Supreme Court as part of the counsel team for HMRC in Fisher v HMRC [2023] UKSC 4; [2024] A.C. 115, the leading decision concerning the transfer of assets abroad regime. 

Court of Protection

Emilia regularly appears in the Court of Protection, covering cases relating to property and affairs. She recently appeared (led by Ruth Hughes KC) in an application for authority to make a multi-million pound statutory gift prior to the then upcoming budget. 

Art and cultural property

Emilia is a member of Professional Advisers to the Art Market (PAIAM) and is developing a specialism in art and cultural property disputes, in particular those relating to the protection of property rights. She is currently acting (led by Henry Legge KC) for the estate of Amy Winehouse in its claims in conversion and breach of fiduciary duty in relation to the sale of various chattels at an auction of Amy Winehouse memorabilia.

Pro bono

Emilia enjoys pro bono work. She is a panel member of Advocate, appears on the Pro Bono Recognition List in 2024 and 2025, and was nominated for Young Pro Bono Barrister of the Year in 2024.

Publications and lecturing

Emilia enjoys writing and editing legal articles and textbooks, both alone and in collaboration with others. She is part of the editorial team of Francis on Inheritance Act Claims, the leading practitioner text on claims under the Inheritance (Provision for Family and Dependants) Act 1975, and provides editorial assistance to a leading tax law practitioner and academic. 

Emilia has contributed to Trusts & Trustees and, along with other members of chambers, writes regular case notes for Trusts & Estates and the Association for Lifetime Lawyers newsletter. 

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

Education and qualifications
  • BPTC, City, University of London: Outstanding
  • GDL, City, University of London: Distinction (Ranked 1st in Equity and Trusts and 3rd in year overall)
  • MPhil in Latin Language and Literature, Emmanuel College, Cambridge
  • BA in Classics, Jesus College, Oxford: First Class (best performance in the Latin papers; best thesis on a Roman topic)
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 (ConTrA)
  • Chancery Bar Association
  • Court of Protection Bar Association
  • Professional Advisers to the International Art Market (PAIAM)
  • Advocate
  • Classics for All (Lawyers Group)
Privacy Notice

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Overview
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