Contesting Deathbed Gifts & Wills

While both of these will have an impact on a person’s estate, there are important differences between a deathbed and lifetime gift.

Deathbed gifts are given by someone who is close to the end of their life, usually in the last few days. They’re often used because there isn’t time to update their existing Will.

Deathbed gifts are verbal agreements, which aren’t part of any previous estate planning, but can sometimes overrule the instructions of a Will. These gifts are conditional on death and so don’t take place until someone dies. They can be revoked at any time until the death happens.

Lifetime gifts can be made at any point during someone’s life. They are often part of estate planning, and can be used to reduce inheritance tax.

They might be made by someone who is organising their affairs before their death, but can be made at any time. The gift takes immediate effect and cannot be revoked if it is validly made.

Visit our Challenging a Lifetime Gift page for more information.

While there are no strict time limits for contesting a deathbed gift, it’s important to get legal advice as soon as possible. It’s best to do this as soon as you know a gift was made. This is to make the recipient of the gift and any administrators of the estate aware of your claim. The longer the delay the more unlikely the gift is to be set aside.

Most claims take less than a year and don’t have to go to court. However, every case is different and time spans depend on the type of dispute and your individual situation.

Some disputes can be resolved quickly and amicably in a matter of months, but others might take years to conclude and involve going to court several times.

We’ll advise you at the start how long we think it will take. Whatever the situation, we always aim to resolve your dispute as quickly and efficiently as possible. We understand that this is a difficult time, and we’re here to help you through.

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.