People make gifts from their estate during their lifetime for many reasons. Gifting money, property, or business shares can reduce inheritance tax on an estate.
It also means beneficiaries have the resources they need now, rather than having to wait until a person has passed away.
However, it’s important to know that a lifetime gift is made for the right reasons and is in accordance with the wishes of the person making it (known as the donor).
Our solicitors could help you challenge a lifetime gift if:
The donor didn’t have mental capacity to do so
Someone with power of attorney over the person’s financial affairs made the gift on their behalf without the approval of the Court of Protection
The person had mental capacity but someone pressured or coerced them into making the gift (known as undue influence)
The gift was the result of fraud.
In some cases, a lifetime gift may have also been made deliberately to avoid a claim being made on the estate once the person has died. This could be to prevent someone making a claim for financial provision under the Inheritance Act 1975 , or to stop creditors taking part of the estate to settle the deceased’s debts.
In some cases, gifts are made with the deliberate intention of trying to avoid having to pay care costs. These types of gifts can be challenged if they are designed to circumvent the law.
Our Will disputes team is the largest in the country, with offices across the UK. We have the resources and expertise to resolve your claim, however complex. We also have particular experience in cases where rural estates or complex international assets are involved.
Call today on 0345 604 4895 to speak to one of the team – or fill out our online form and we’ll call you back.
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