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.

Contributed to

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In a life interest trust, assuming the trust deed is silent on this matter, if one of the remaindermen

Q&A

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.

Private Client

In proceedings now subject to the disclosure pilot, statements of case were served in 2018 (ie before the

Q&A

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

Dispute Resolution

Notwithstanding CPR 42.2, does a solicitor automatically come off the court record as acting for a party

Q&A

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’.

Dispute Resolution

On what grounds can you either amend or set aside a judgment (not an order)? And what steps do you need

Q&A

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.

Dispute Resolution

Our client is the settlor and one of three existing trustees. As the settlor she has an express power in

Q&A

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.

Private Client

Re Trustees acting in sale of a property owned as tenants in common by husband (H) and wife (w). Both H &

Q&A

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.

Private Client

The trustees of a (previously created) discretionary trust are the residuary beneficiaries under a Will.

Q&A

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’.

Private Client

We are due to conduct a search order but the premises at which it was due to be conducted have been

Q&A

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.

Dispute Resolution

We are due to conduct a search order, but the premises at which it was due to be conducted have been

Q&A

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

Dispute Resolution

What are the necessary elements to establish a claim for unjust enrichment?

Q&A

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

Dispute Resolution

What is the limitation period for knowing receipt?

Q&A

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

Private Client

What notice period needs to be given for a formal strike-out application?

Q&A

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

Dispute Resolution

When is tax due to be paid and by whom, on a failed PET into a discounted gift scheme in the joint names

Q&A

This Q&A looks at the tax ramifications of a failed PET.

Private Client

When is the earliest date for which the TNRB can be claimed?

Q&A

This Q&A discusses the introduction of the transferable nil rate band (TNRB) and how to initiate a claim.

Private Client

When issuing a claim for restitution for monies which have been paid in error is it more appropriate to

Q&A

This Q&A considers whether it is more appropriate to issue a claim for restitution for monies which have been paid in error under Part 7 or Part 8 of the CPR 1998.

Dispute Resolution

When issuing a claim on behalf of a trust for unpaid invoices, is the claim issued in the name of the

Q&A

This Q&A considers, when issuing a claim on behalf of a trust for unpaid invoices, whether the claim is issued in the name of the trust or the individual trustees.

Dispute Resolution

When issuing County Court proceedings on behalf of a protected party, do query use the financial details

Q&A

This Q&A concerns a claim to be issued in the County Court by a litigation friend on behalf of a child or protected party.

Dispute Resolution

Where three executors have taken the grant of probate, can one executor sign a transfer deed for the sale

Q&A

This Q&A considers whether one executor can sign a transfer deed for the sale of an estate property if three executors have taken the grant of probate.

Private Client

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