Trustee minutes concerning the exercise of a trustee power or discretion

Produced in partnership with Oliver Hilton of Radcliffe Chambers

Precedents

Trustee minutes concerning the exercise of a trustee power or discretion

Produced in partnership with Oliver Hilton of Radcliffe Chambers

Precedents

1. 1
  Conflicts of Interest
  [No conflict of interest was reported prior to, or at the commencement of the meeting OR [Insert name] declared a conflict of interest in relation to [Insert details]].
  The Trustees agreed to voice any [other] conflict should it arise during the meeting.
1. 2
  Notice and quorum
  It was reported that proper notice had been given to all of the Scheme’s Trustees, the meeting was properly convened and that a quorum was present. [Insert name of chair of the Trustees] (the Chair) declared the meeting open.
1. 3
  Apologies
  [There were no apologies for absence OR [Insert name] sent [his OR her] apologies for [his OR her] absence.]
1. 4
  Matters

Oliver Hilton

Barrister, Radcliffe Chambers

Oliver enjoys a busy and thriving traditional and commercial Chancery practice. His expertise is in trusts, wills and estates, with a particular focus on succession and property disputes, pensions and charities. He has substantial experience in dealing with a broad range of administration issues.

As well as non-contentious drafting and advisory work, Oliver has a strong litigation practice: he appears regularly in the High Court, including in large scale, complex, high profile cases; he has acted on numerous occasions before the Court of Appeal; and he has considerable experience representing clients at mediations. Oliver is equally at home acting as sole counsel or being led, and he particularly enjoys working as part of a wider team.

Experience and Expertise

Oliver specialises in trusts, estates and property disputes, especially contentious probate, breach of fiduciary duties, setting aside lifetime transactions, Inheritance (Provision for Family and Dependants) Act 1975 claims and real property related litigation, including constructive trusts, proprietary estoppel and co-ownership disputes (both in the commercial and domestic context) as well as personal property.

Oliver regularly advises and acts for trustees, personal representatives and beneficiaries on all issues that may arise during administration of trusts/estates/pension schemes, including questions of construction, distribution, the exercise of administrative and dispositive powers and Beddoe applications. He has gained a wealth of experience in drafting complex and intricate wills, trusts, pension documentation and associated instruments, as well as applying for variation of the same.

Oliver’s practice also includes dealing with the consequences of mistakes in relation to the creation of, amendments to and administration of wills, trusts and pension schemes, both in the context of rectification/rescission and removal from office.

Oliver's practice compliments his considerable expertise in pensions related matters, having acted and advised in relation to pensions liberation schemes, amendments to trust deeds, pensions administration, trustee disclosure, the winding up of schemes and the interaction between bankruptcy and pensions.

Oliver's trusts and estates expertise also encompasses charities and tax and professional negligence related matters.

A significant proportion of Oliver's chancery practice is commercial in nature. Fraud and asset tracing and recovery in particular form an important part of Oliver's practice. He also acts regularly in relation to company and shareholder disputes (including unfair prejudice petitions), partnerships, insolvency, business contract disputes, guarantees and finance related matters.

Jurisdiction(s):

United Kingdom

Key definition:

Trust definition

What does Trust mean?

An equitable obligation (ie a duty imposed by the law of equity), binding the trustee to deal with property over which he has control (the trust property), for the benefit of persons (the beneficiaries), of whom the trustee may be one, and any one of whom may enforce the obligation.

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