Challenges to Lifetime Gifts and Transactions

During a person’s lifetime, they will make a great number of transactions and gifts. Whilst usually these are valid, sometimes
there will be circumstances where the lifetime transaction or gift is made as a result of undue influence or without that person’s approval.

If a gift is made as a result of undue influence, various presumptions may be relevant. For example, in certain types of relationship and circumstances, it is assumed that the background behind that gift or transaction must be explained or investigated.

There will also be circumstances where a person appoints a deputy or attorney to handle their financial affairs. The majority of deputies and attorneys will take on this role with the responsibility and care it deserves, however, there will be some who abuse their position and take financial advantage.

Whilst sometimes claims against those responsible can be pursued when the vulnerable person is alive, sometimes, suspicious lifetime gifts or transactions only arise after a person’s death, when an executor or administrator is administering their estate.

Our lawyers can advise on the types of claims available in relation to suspicious lifetime gifts and transactions and pursue claims against those responsible. We understand that these types of claims can often be distressing for those who have discovered them and we approach claims in a sensitive but strong manner.