Oliver Hilton

This Q&A considers whether a trustee’s refusal to attend trustee meetings can be used as evidence in a court application for their removal.

This Q&A considers the doctrine of laches, and in particular asks whether there are circumstances in which it can ground a cause of action as opposed merely to acting as a defence.

This Q&A considers whether, in the context of PAA 1971, s 10, the concept of ‘trustee function’ in TDA 1999, s 1 include the functions of a personal representative, and if it does not, why not.

This Q&A considers the definition of ‘Charity’ in Northern Ireland and how it varies from the definition in England and Wales.

This Q&A considers the completion of a listing questionnaire and how detailed the ‘estimate of costs’ must be and the form it tales for a Part 8 claim not subject to cost budgeting.

This Q&A considers CPR 36 and the process of making an application to abridge the ‘Relevant Period’ and whether the application needs to be made before trial or at trial and the any specific wording would need to be included in the draft order.

This Q&A considers the enforceability of contractual promises in relation to Wills and the effect that death may have on the enforceability of such promises.

This Q&A considers the implications of a gift of property from a parent to a child where the parent retains the right to live at the property.

This Q&A considers who receives the remainderman’s interest if the life tenant of a life interest trust outlives the remainderman and the deed is silent on the matter.

This Q&A considers proceedings caught by the new disclosure pilot scheme provided for by CPR PD 51U (the Pilot Scheme).

This Q&A looks at CPR 42.2 and considers if a solicitor automatically comes off the court record as acting for a party at the end of an ‘action’.

This Q&A is concerned with the grounds for amending or setting aside a judgment (not an order), as opposed to an appeal, as well as the procedure for doing so.

This Q&A considers the scenario where a settlor, who has an express power in the trust deed to remove trustees by deed, wishes to remove two other trustees who refuse to sign the deed.

This Q&A considers whether an additional trustee can be appointed out of court where W dies before the completion of sale on a property held as tenants in common with H in a situation where they both lacked capacity and have two attorneys.

This Q&A is concerned with a scenario whereby the trustees of a pre-existing discretionary trust are the residuary beneficiaries as such under a will. The question is whether the trustees are able to either execute a deed of variation of that interest or otherwise disclaim it with the result in either case that the gift would in the event pass to individuals who are within the class of beneficiaries under the discretionary trust. This shall be referred to as ‘the proposed scheme’.

This Q&A concerns the enforcement and conduct of a search order and the steps that can be taken where the premises at which the search is to be conducted are closed.

This Q&A considers the conduct and enforcement of a search order during the coronavirus (COVID-19) outbreak.

This Q&A considers the necessary elements to establish a claim for unjust enrichment.

This Q&A considers the limitation period for knowing receipt.

This Q&A considers the notice periods for a formal strike-out application.