Challenging a Lifetime Gift

As with any part of estate planning, it’s vital any lifetime gift is legally valid and is a true reflection of the individual’s wishes.

There are certain conditions that make a lifetime gift valid:

• It needs to be made with the full knowledge and understanding of the individual – this means they have to be of sound mind and not be unfairly influenced or pressured when they make the gift
• If the individual has lost mental capacity to look after their own financial affairs, any gift must have the approval of the Court of Protection
• It can’t be made through fraud or forgery
• The gift cannot be made to avoid paying debts, or to purposefully stop someone inheriting who has a claim on the estate.

While both gifts are made while an individual is still alive, there are important differences between lifetime gifts and deathbed gifts.

A lifetime gift is not made by someone who thinks they are about to die. It can be just an act of generosity or a deliberate part of estate planning.

A deathbed gift is made by someone who expects to die soon. It is not part of any pre-emptive estate planning and is usually a verbal agreement. While the gift will not take effect until the person has died, they usually need to pass over some symbolic token of ownership to make it binding – the keys or deeds to a property, for example.

Visit our page on Deathbed Gifts and Wills for more information.

Most disputes can be resolved by negotiation and discussion, without having to go to court. However, sometimes this isn’t possible and court is the only way.

We understand that most people would prefer to keep their dispute out of court, and we will always do everything we can to try and reach an agreement by mediation or negotiation.

However, if your dispute does have to go to court, we will support you at every stage. We have the experience to handle court disputes efficiently and effectively, to achieve the best outcome for you.

The cost of a Will, trust or estate dispute varies from case to case, depending on time, complexity, and whether or not you have to go to court.

A dispute can be settled at any time if the parties can come to an agreement, and they can then decide how to split the costs between them. However, if an agreement can’t be reached and the case has to go to court, the court will decide how the costs will be paid.

How can I cover the cost of my claim?

There are various ways you can cover the cost of your claim, depending on your case. These include:

• Legal Expenses Insurance
• Conditional Fee Agreement (‘No Win No Fee’)
• Payment on conclusion
• Private monthly billing.

We understand that funds and assets may be tied up in the disputed estate, and we’ll be as flexible as possible to ensure that’s not another worry on your mind. We’ll discuss the different payment options with you at the start.

If you believe a lifetime gift is invalid it’s best to seek legal advice as soon as you are aware of the gift being made. This will improve your chances of a claim being successful.

It’s possible to challenge a lifetime gift while the donor is still alive, especially if it’s been made by someone else on their behalf (such as a deputy or attorney), or if you think they’ve been pressured into it.

Whatever your circumstances, we advise you to get in touch as soon as possible if you suspect a gift is invalid.