Adam Carvalho

This Practice Note, written by Adam Carvalho of Myerson, is about the doctrine of fraudulent calumny in claims that challenge the validity of a Will. It considers the test for fraudulent calumny, procedure and the practical challenges of a fraudulent calumny claim.

This Practice Note, written by Adam Carvalho of Myerson, will examine the elements of a professional negligence claim in relation to Will drafting and outline procedural considerations.

This Practice Note, written by Adam Carvalho of Myerson', sets out the basis for professional negligence claims in relation to tax advice by disappointed beneficiaries against the solicitor who drew up the Will.

This Practice Note, written by Adam Carvalho of Myerson, considers the jurisdiction of the courts in relation to charities. It looks at the types of application that may be heard and also the limits to the court’s jurisdiction to supervise charities.

This Practice Note, written by Adam Carvalho of Myerson, sets out the issues to be addressed when a testator wishes to make a testamentary charitable gift, whether it is to be made to a recognised charity or for the setting up of a private charity. It also explains what investigations should be made by the practitioner before completing the Will.

This Practice Note, written by Adam Carvalho of Myerson, provides an overview of Will drafting considerations where a testator wishes to benefit minors in their Will. It explains relevant tax considerations and the effect of lapse or failure of gifts and Wills Act 1837, s 33.

This Practice Note, written by Adam Carvalho of Myerson, considers how a nil rate band (NRB) legacy in a Will may be interpreted by the court following the testator’s death. The construction of the Will clause will determine the amount of the NRB legacy, the assets comprised in it and the residuary estate. Due to ambiguous wording or an unclear intention as to whether or not assets which cause the estate to qualify for the NRB or residence NRB (RNRB) are included within the legacy, disputes often arise over the construction of these clauses. The Practice Note considers case law and the issues that the court will consider when interpreting the Will clause, as well as precedent wording for NRB legacies.

This precedent, produced in partnership with Adam Carvalho of Myerson, is a standstill agreement for use in a claim under the Inheritance (Provision for Family and Dependants) Act 1975. It contains detailed drafting notes.