Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Claim definition

What does Claim mean? In practice, a claim is a party’s demand for a remedy from a court or tribunal against another, initiated by issuing the originating process. It seeks relief such as damages, an injunction, specific performance, restitution or a declaration, and rests on an identifiable cause of action (or equivalent legal basis). The term is descriptive (not generally defined by statute) and shaped by civil procedure rules. In England and Wales, a claimant brings a claim under the CPR by claim form (Part 7 or Part 8) against a defendant. It includes counterclaims and additional claims (contribution, indemnity or set‑off). In...

Interpreting nil rate band gifts in wills: leading cases, TNRB/RNRB, APR/BPR, NRB discretionary trusts and drafting points (England and Wales)

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Practice notes

In disputes concerning how documents are to be read, including a Claim about construing a Will, the court’s task is to identify the sense a Will would communicate to a reasonable reader equipped with all background Knowledge reasonably available to the testator when the Will was made, as explained by Lord Hoffman in the Investors’ Compensation Scheme Ltd case. For a summary of the courts’ overall approach to construction disputes, see Practice Note: Will interpretation—principles of construction. This Practice Note centres on the construction of nil rate band (NRB) legacies in Wills and, in particular, the manner in which the courts will determine the value of assets passing to the legatee(s), which assets pass to the legatee, and how the residue of the Estate is therefore constituted. The Practice Note also reviews precedent wording for NRB legacies and practical points that may arise following the testator’s death in practice.

What is the NRB?

Every individual’s estate is free of Inheritance tax (IHT) up to a defined threshold known as the basic NRB. The NRB is at present fixed at £325,000 until 5 April 2031. For further additional detail regarding the NRB, please see Practice Note: IHT—nil rate band (NRB)...

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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....

Web page updated on 21/05/2026

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