Charity trustees—conflicts of interest

Produced in partnership with Adam Carvalho of Myerson Solicitors LLP
Practice notes

Charity trustees—conflicts of interest

Produced in partnership with Adam Carvalho of Myerson Solicitors LLP

Practice notes
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Key principles

The key principles in relation to conflicts of interest are as follows:

  1. a conflict of interest is any situation in which a trustee’s personal interests or loyalties could, or could be seen to, prevent the trustee from making a decision only in the best interests of the Charity

  2. trustees must not put themselves in any position where their duties as trustee may conflict with any personal interest or loyalties they may have or let personal loyalties or interests override their trustee duties and responsibilities

  3. the Charity Commission's Guidance places an increasing emphasis on the management and/or avoidance of Conflicts of interests

  4. where a potential conflict of interest arises, it must be managed appropriately—such as by the relevant trustee absenting themselves from the decision-making process

  5. charities should also prepare and maintain a conflicts of Interest policy which encompasses:

    1. the types of conflict of interest that the policy addresses

    2. when a trustee can take a benefit from the charity

    3. the establishment of a register of interests

    4. the

Adam Carvalho
Adam Carvalho

Legal Director, Myerson Solicitors LLP


Adam Carvalho is a Legal Director in the Contentious Trusts and Probate Team at Myerson who specialises in complex and high-value contentious trust and probate work.

Adam trained, qualified and worked as a senior associate and partner in a central London firm in the Tier 1 nationally for Contentious Trust and Probate work.

Adam has considerable experience of ultra-high value litigation, cross-jurisdictional matters and disputes in non-UK courts. Adam has litigated in the Supreme Court, Court of Appeal, and advised in relation to complex matters in courts from Bermuda to New Zealand.

 Adam is a full STEP Member and has frequently been involved in private wealth matters involving complicated succession planning and trustee applications.

 Adam is known for his constructive, pragmatic advice, his down to earth approach, and his technical knowledge. Adam is a firm believer in focusing on the main issues and providing sound and accessible advice.


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Jurisdiction(s):
United Kingdom
Key definition:
Charity definition
What does Charity mean?

A charity is an institution which is established for charitable purposes only and falls to be subject to the control of the High Court in the exercise of its jurisdiction with respect to charities (Charities Act 2011, s 1)

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