Lifetime Gifts Disputes

A person must be have the requisite capacity when making a gift. The level of capacity required can vary depending on the complexity of the gift being made and the size of a person’s estate. If a gift is made without capacity, the gift will not be valid.

Even if a person has capacity, there are circumstances where the gift may be invalid, for example, undue influence can sometimes arise. Undue influence is presumed in certain relationships and if the transactions is one that may be suspicious or raise questions. However, presumed undue influence can be rebutted with evidence to show that no undue influence has occurred.

There will also be circumstances where a person appoints a deputy or attorney to handle their financial affairs. An attorney or deputy can only make gifts within their powers. If they exceed their powers, a claim against the attorney or deputy will arise.

Disputes over Lifetime Gifts

Whilst sometimes claims against those responsible can be pursued during the person’s lifetime, sometimes suspicious lifetime gifts or transactions are only discovered after a person’s death, when an executor or administrator is administering their estate and the action can be taken at that point.

Our specialist lawyers can advise on the claims available when considering whether to challenge a lifetime gift. We understand that discovering such transactions can often be distressing and we handled such claims with sensitivity for our clients.