Adam Carvalho
Adam Carvalho has more than 15 years' experience as a contentious Private Client lawyer. Most recently, he was a Legal Director in the Contentious Trusts and Probate Team at Myerson, where he worked on complex and high-value contentious trust and probate matters.
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 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.
Practice Area
Panels
- Case Analysis Panel
- Contributing Author
- Q&A Panel
Qualified Year
- 2009
25 Contributions by Adam Carvalho
PRACTICE NOTES
Professional negligence claims for IHT errors in Will drafting: executors vs beneficiaries, causes of action, proximity and limitation (England and Wales)
When a solicitor prepares a Will that, owing to flawed tax advice, fails to give effect to the testator’s intentions, a claim may lie to recover the ensuing loss from the solicitor. Such claims are often intricate and require careful consideration of:
the identity of the proper claimant
the legal foundation for the claim
the consequences for the limitation period(s)
Examples of claims
Two leading authorities—Daniels v Thompson and Rind v Theodore Goddard—concerned clients who, acting on advice, made lifetime gifts intended to be exempt transfers. However, those gifts were caught by the reservation of benefit rules (see Practice Note: IHT—gifts with reservation of benefit), which the solicitors had either failed to advise upon altogether (in Daniels v Thompson) or to avoid (in Rind v Theodore Goddard). The consequence in both matters was that the relevant gift was treated as part of the deceased’s estate for inheritance tax purposes, leaving a smaller estate and diminished legacies. In Daniels v Thompson, the personal representatives sought to recover the consequent tax liability from the adviser, and in Rind v...
Private Client
PRACTICE NOTES
Provision for minors in wills: bare, bereaved minors, 18–25, disabled persons and discretionary trusts; beneficiary definitions, tax and s 33 anti‑lapse (Wills Act 1837) (England and Wales)
This Practice Note sets out a summary of the key considerations when a testator intends to benefit minors in their Will. It also signposts further resources relevant to making gifts to minors.
Types of provision for minors
As a starting point, a gift for a beneficiary who is under 18 must be held for them until they reach that age. Accordingly, where a testator wishes to provide for a minor, possible approaches include:
a legacy that vests for the child via the minor’s parents or guardians on the testator’s death if the child is still under 18
leaving the relevant estate to the surviving spouse for life, on the basis that, if they do not survive the testator, the assets pass to surviving issue either immediately or at a specified age. See Precedents: Will—to spouse on flexible life interest trust, remainder to children absolutely and Will—to spouse absolutely, then to children absolutely
making the gift conditional on the beneficiary attaining 18 (see below regarding the lapse of gifts)
settling the gift on trust for minors where it is not appropriate for the interest to vest outright
For an overview...
Private Client
PRACTICE NOTES
Quan v Bray: offshore charitable trust not a nuptial settlement or resource in financial remedies; Attorney General joined as charity proceedings under Charities Act 2011 (England and Wales)
ARCHIVED: This key case in charity litigation has been archived and is not being updated.
Key facts
H and W were committed to conserving Chinese tigers, a severely endangered species.
In keeping with modern philanthropic practice, they directed H’s wealth into a single-issue, cross-border venture dedicated to that purpose.
In 2000 they founded a UK charity, Save China’s Tigers UK (SCT UK), and in 2002 they created a Mauritian trust, Chinese Tigers South Africa Trust (CTSAT).
SCT UK was made CTSAT’s sole beneficiary, and CTSAT accumulated assets of £25m deriving from H’s work.
H was the settlor of CTSAT and served initially as protector.
By the time of the financial remedy proceedings, H was no longer protector and both H and W had been irrevocably excluded from any benefit. A professional trustee was appointed.
Although CTSAT’s terms were described as very wide, they were not unusual for offshore trusts of this kind.
First instance judgment
The litigation was protracted and involved complex forensic investigations and issues. A hearing was ordered to enquire into the:
circumstances under which...
Private Client
PRACTICE NOTES
Scope and limits of trustee indemnities, liens, releases on retirement and distribution, and exoneration clauses—practice and recent cases
This practice note sets out two mechanisms by which trustees can reduce exposure to personal liability arising from their office:
indemnities
exoneration clauses in trust instruments
Indemnities
Trustees may reimburse themselves from the trust fund for expenses incurred in performing their trustee functions. This spans administration costs, taxes connected to the trust fund, and contractual obligations. It can also extend to the costs of actions against third parties and trust litigation, but care is needed to ensure such legal expenses are payable from the fund rather than personally. A trustee’s right to be indemnified arises only where the costs were incurred:
properly, and
while acting in their capacity as trustee
In FMA v BBA, a case involving compromised trust proceedings, the trustees were refused an indemnity from the trust fund for costs incurred to advance their own interests rather than those of the beneficiary.
Distribution
When assets are distributed to a beneficiary, trustees lose their proprietary rights over the fund (subject to statutory provisions for trusts of land and strict settlements). Trustees may, therefore, request that any recipient beneficiary...
Private Client
PRECEDENTS
Pre-action standstill agreement for Inheritance (Provision for Family and Dependants) Act 1975 claims suspending section 4 time limit - England and Wales
This Agreement is dated [ insert day ] of [ insert month ] 20 [ insert year ]
Parties
[ Insert full name and address of the claimant seeking [increased] financial provision from the Estate ] ( Party A )
[ Insert full name(s) and address(es) of the individual personal representative(s), or the company name, number and registered office address of any trust corporation ] ( Party B )
[ Insert full name(s) and address(es) of the other defendants to the claim ] ( Party C )
Each is a ‘Party’, and together they are the ‘Parties’
WHEREAS
The Deceased passed away on [ date ], was domiciled in England and Wales, and was survived by [ list of family and dependants ]
The Deceased [ left a final will and testament dated [ date ] OR died intestate ]
By virtue of [ the will OR the intestacy rules as they apply to the Estate ]: (a) [ pecuniary legacies, (b) residuary estate, etc ]
[ No grant of representation to the Estate has been obtained OR A grant of [ probate OR letters of administration OR letters of administration with will annexed ] to the Estate ]...
Private Client
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