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Oliver Auld#179

Oliver Auld

Charles Russell Speechlys LLP
Oliver specialises in advising UK and international clients in relation to a wide range of contentious trust, probate and other private wealth disputes. He acts for a diverse range of high net-worth individuals, professional trustees and other fiduciaries, who are involved in the management of family wealth. He also acts for clients involved in sensitive and confidential disputes in the Court of Protection. Oliver's practice predominantly involves complex and multi-jurisdictional disputes in relation to inherited wealth and assets held in English and offshore family trusts. He advises clients on claims challenging the validity of wills and under the Inheritance (Provision for Family and Dependants) Act 1975 and is experienced in acting for a trustees and beneficiaries in a wide range of contested and uncontested court applications to resolve issues that have arisen in the administrations of trusts and estates. His recent reported cases include: ' Cowan v Foreman and others [2019] EWHC 349 (Fam) ' Right Hon Gloria Wesley, Dowager Countess Bathurst v Chantler and others [2018] EWHC 21 (Ch) ' Shearer v Kevin Neal Associates Limited (2017) ' Wooldridge v Wooldridge [2016] (Case No: 3CL1022132) Oliver was recognised as 'Next Generation Lawyer' by the Legal500 in 2017 and an 'Associate to Watch' by Chambers and Partners in 2018 in the field of contentious trust and probate.
Contributed to

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A client who is the claimant to ongoing litigation recently died. Can their executor be substituted as a claimant, per CPR 19, prior to obtaining a grant of probate?
A client who is the claimant to ongoing litigation recently died. Can their executor be substituted as a claimant, per CPR 19, prior to obtaining a grant of probate?
Q&As
An individual has died leaving a homemade Will, which has been signed and witnessed by two neighbours. In the Will, the deceased appointed his two daughters as executors and trustees. By the heading ‘SPECIFIC GIFTS AND LEGACIES’, the Will contains the following words: ‘I give my daughter XX 25% and my daughter XX 25% and monies left over. And the remainder. The other 50% to be shared between my six grandchildren. I expect the property to be sold off’. In the Will there is a section titled ‘Residuary gift’ and this has been left blank. How should the Will be interpreted as to the distribution of the estate? Whose advice should be sought? Could a court application be made or agreement from the beneficiaries be sought to decide about distribution?
An individual has died leaving a homemade Will, which has been signed and witnessed by two neighbours. In the Will, the deceased appointed his two daughters as executors and trustees. By the heading ‘SPECIFIC GIFTS AND LEGACIES’, the Will contains the following words: ‘I give my daughter XX 25% and my daughter XX 25% and monies left over. And the remainder. The other 50% to be shared between my six grandchildren. I expect the property to be sold off’. In the Will there is a section titled ‘Residuary gift’ and this has been left blank. How should the Will be interpreted as to the distribution of the estate? Whose advice should be sought? Could a court application be made or agreement from the beneficiaries be sought to decide about distribution?
Q&As
Does a potential beneficiary of a NRB discretionary trust have the right to see the Trust Accounts as opposed to the Estate Accounts?
Does a potential beneficiary of a NRB discretionary trust have the right to see the Trust Accounts as opposed to the Estate Accounts?
Q&As
If personal representatives exercise their power of appropriation over the deceased’s land, what formalities must be fulfilled?
If personal representatives exercise their power of appropriation over the deceased’s land, what formalities must be fulfilled?
Q&As
Section 36(9) of the Trustee Act 1925 provides: (9) Where a trustee lacks capacity to exercise their functions as trustee and is also entitled in possession to some beneficial interest in the trust property, no appointment of a new trustee in their place shall be made by virtue of paragraph (b) of subsection (1) of this section unless leave to make the appointment has been given by the Court of Protection. What does ‘entitled in possession to some beneficial interest in the trust property’ mean in this context? In particular, does it include a beneficiary under a discretionary trust?
Section 36(9) of the Trustee Act 1925 provides: (9) Where a trustee lacks capacity to exercise their functions as trustee and is also entitled in possession to some beneficial interest in the trust property, no appointment of a new trustee in their place shall be made by virtue of paragraph (b) of subsection (1) of this section unless leave to make the appointment has been given by the Court of Protection. What does ‘entitled in possession to some beneficial interest in the trust property’ mean in this context? In particular, does it include a beneficiary under a discretionary trust?
Q&As
T left a life interest in T's share of a property to T's spouse, S. S's new partner, P now resides in the property with S. What rights does P have in the property as a result of P's occupation?
T left a life interest in T's share of a property to T's spouse, S. S's new partner, P now resides in the property with S. What rights does P have in the property as a result of P's occupation?
Q&As
When is it appropriate for the Deputy to disclose a Patient’s Will?
When is it appropriate for the Deputy to disclose a Patient’s Will?
Q&As
When serving an option to purchase notice on landlords (who are trustees of a trust of land), two of whom have died, should the notice be served on the executors of the deceased landlords/trustees as well as the surviving trustees?
When serving an option to purchase notice on landlords (who are trustees of a trust of land), two of whom have died, should the notice be served on the executors of the deceased landlords/trustees as well as the surviving trustees?
Q&As

Practice Area

Panel

  • Q&A Panel

Qualified Year

  • 2009

Membership

  • Association of Contentious Trusts and Probate Specialists
  • Association Internationale des Jeunes Avocats

Education

  • BPP Law School 2004 to 2006
  • University of Warwick 1998 to 2002
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