Adam is an experienced contentious trusts and estates lawyer. He advises on complex trust, succession and private wealth disputes, regularly tackling multi-jurisdictional issues and involved with high-profile cases. He is recognised amongst clients and peers for his pragmatic and collaborative approach.
Adam’s expertise ranges from dealing with subject access requests in relation to trusts, to acting for trustees and executors, spouses, adults and children in relation to claims under the Inheritance (Provision for Families and Dependants) Act 1975. He advises trustees in relation to proposed entry into tax amnesties, and both trustees and beneficiaries on matters including applications for “blessing” of decisions, consensual retirements and issues relating to indemnities and removal applications. Adam also acts for trustees and executors in relation to contested applications to court for directions to resolve issues that have arisen in the administration of their trusts and estates.
Adam acts for beneficiaries in applications for trust and estate accounts to be provided, and advises landed trustees on applications for a variation of trust applications, together with claims for conditional exemption from IHT, estate consolidation and next generation planning.
He regularly advises on claims in relation to the invalidity of wills, for example as a result of lack of capacity, and on related professional negligence issues. Adam has experience acting for an executor on professional negligence claims, including in relation to IHT advice that had not been provided, advanced in parallel with residuary beneficiaries.
Adam is a prolific writer, regularly published in professional media including Solicitors Journal and Trust and Estates Law & Tax Journal.
James qualified as a solicitor in 2009.
- RBC Trustees (CI) Ltd v Stubbs  – rectification of two trust deeds.
- HMRC v Parry & Others  – successful appeal from a decision of the First Tier Tax Tribunal.
- KB and others v AB  – application for bespoke deputyship orders
- M Chantler v T Moore and Others  – application under the Variation of Trusts Act 1958 in relation to UK landed estate
- Anonymised applications to Guernsey Royal Court for blessing of a series of momentous decisions.
- XYZ Trusts Actions 32 & 348 (Bermuda) – acting for minors and unborns in a series of applications for approval of large trust restructuring
- Inchbald v Inchbald  – high profile probate dispute involving a want of knowledge and approval challenge to the last wills of the famous designer.
- Re Portman Estate  EWHC 536 (Ch)
- Wingate v Butterfield Trust (Bermuda) Limited  WTLR 357; costs at  WTLR 543. Successful Bermuda application by a beneficiary for disclosure; addressing questions relating to investment of trust assets.
Adam was named as one of e-Private Client's Top 35 Under 35 lawyers in 2015. He is a full member of STEP. Adam lectures widely in the area of Contentious Trusts and Estates and has written a large number of articles and chapters for publications.
"Adam Carvalho has learnt well from the wise heads at the firm and is now really coming into his own, demonstrating very sound judgement and instincts and an encyclopedic knowledge of this area." Legal 500
"Adam Carvalho stays very calm and collected." Legal 500
"Adam Carvalho is a safe pair of hands, and no nonsense."
Regular articles on estate planning and contentious issues in the Solicitors' Journal
- Clash of cultures, Solicitors Journal, August 2017
- Disclosure: Trustees, advisers, and data protection, Solicitors Journal, April 2017
- Lifestyle choices, mere busybodies, and picture frames, Solicitors Journal, November 2016
- Hidden loot, opaque trusts, and missing legacies, Solicitors Journal, June 2016
- Following the golden rules, Solicitors Journal, March 2016
- Wills and executors: A matter of trust, Solicitors Jourmal, January 2016
- How do Ilott and King affect the current law?, Solicitors Journal, November 2015
- Interpreting testator intentions, Solicitors Journal, June 2015
- Wishing away: lifetime gifts, proprietary estoppel, and construction, Solicitors Journal, April 2015
- Avoiding the suggestion of undue influence, tests for capacity and construction of wills, Solicitors Journal, January 2015
- Eccentric wishes, secret trusts and charitable purposes, Solicitors Journal, November 2014
Articles about the interaction between corporate and trust law issues:
- "Judicial Blessings", South Downs Trustees Ltd v GH, Law Journal, October 2018
- Ensuring a smooth sale, Trust and Estates Law & Tax Journal, November 2017
- Prest: a guide to the emerging principles, Disputes Briefing, August 2013
Articles about trust litigation:
- Experts in Contentious Probate Cases, ACTAPS Newsletter, August 2016
- Mediation of trust disputes after Jackson, Trusts and Estates Law & Tax Journal, November 2014
Contentious probate commentary:
- Deathbed gifts: At a crossroads, Trusts and Estates Law and Tax Journal, December 2015
- Woodland Warfare – a recent case on the construction of wills, Charities and Communities Briefing, June 2015
- Questions of Capacity, Briefing, September 2014
- Will Rectification after Marley v Rawlings, Contentious Trusts and Estates, July 2014
- When Wills Go Wrong, Briefing, April 2014
- Contested Wills: Knowledge and Approval in Brennan – v – Prior, Briefing February 2014
- Reasonable Financial Provision in Wills, Farrer & Co, Agricultural Estates Newsletter, Winter 2012
Briefings relating to trust law developments:
- Pitt, Futter and the "Rule in Hastings Bass", Financial Services Briefing, June 2011
- Exoneration Clauses and Spread Trustee, Financial Services Briefing, November/December 2011
- Chapter on Costs in International Trust Disputes – Oxford University Press 2011