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Jonathan Hilliard QC

Call: 2003    QC: 2016

+44 (0)20 7306 0102jhilliard@wilberforce.co.uk

Trusts, Tax, Probate & Estates

A substantial part of Jonathan’s work concerns private trust litigation and associated advice. This encompasses the spectrum of domestic litigation, offshore work, trusts and divorce disputes and work with a fraud or other asset tracing element.

Jonathan aims above all to be direct and succinct in his advocacy and advice, and to be approachable and easy to deal with. He enjoys the challenge of delivering simple, clear advice on complex technical issues, often to foreign clients and frequently as part of a team where he is there to provide the specific trusts expertise.

Over recent years, a significant amount of his trusts work with an international element has concerned attacking and defending complex offshore structures, whether in the divorce context or in offshore proceedings involving fraud and other linked routes of attack. He has significant expertise in the divorce context and is often instructed alongside a family junior or silk.

On the domestic side, he routinely acts in rectification, TLATA, VTA and other similar court cases concerning trusts and estates and contested probate matters, and frequently finds himself in the Chancery Division, Family Division and County Courts on such cases.

Aside from the comments mentioned in the overview of his practice, the most recent Legal 500 states that he is “Incredibly bright, user-friendly and responsive”. He has been listed on the basis of his trusts work as one of the 10 stars of the junior commercial and chancery bar in Legal Week, which described him as “absolutely brilliant”.

While many of his cases are confidential, his recent litigious cases have included:

  • TM v AH [2016] EWHC 572 (Fam)- requirement to join trustee where seeking to vary an offshore trust in Family Division proceedings (and same logic applies for underlying companies)
  • Involved in large family division trust and divorce dispute listed for trial in 2017.
  • In the Matter of an Application for Information Concerning a Trust [2011-4] (Bermuda first instance and CA; settled before PC).
  • Trust counsel for husband in Tchenguiz-Imerman v Imerman [2011-2013] (multi-£100m international divorce with heavy offshore trust elements).
  • Acting unled (with junior junior) in Delphi Trust [2014] (Isle of Man; included an important judgment on privacy in offshore proceedings).
  • DR v GR [2013] (Family Division; attacking offshore structure ultimately holding English real estate).
  • Other Ongoing- acting in a number of divorce proceedings (both high net worth and small) concerning offshore trust structures and disputes over ownership of property, rectification proceedings and trusts-related professional negligence proceedings.
  • Ackerman v Hassans [2012] (Gibraltar; acting for defendants in offshore trust and fraud dispute).
  • Re HHH Trust/Bertrand des Pallieres [2013] (Jersey; rights to information against settlor; trustee’s costs).
  • Re the A Trust [2012] (Jersey; trustee seeking blessing against backdrop of removal allegations; removal of protector).
  • ITS v Susan Morris [2011-2013] (first instance, CA; tracing into a divorce settlement).
  • Palumbo [2011-2012] (acting for new trustees in a highly publicised dispute over previous administration of the trust).