Challenging a Lifetime Gift

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. 

Expert legal support for challenging a lifetime gift

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. 

Frequently Asked Questions

Lifetime gifts can be an essential part of legacy planning, especially when an estate is large and complex. They allow an individual to control how they pass on certain assets and can help reduce the tax payable on their estate once they die.

Some common reasons to make a lifetime gift include:

  • No inheritance tax – by making a lifetime gift of money or property, an individual can ensure their loved ones receive the full value of any assets
  • Efficiency – the gift is available immediately and doesn’t get tied up in probate or any disputes over the estate
  • Greater control – by making lifetime gifts of assets, an individual can know their estate is being passed on in the way they want
  • Business succession – gifting shares can be especially important for business owners planning for the future of their company.

When used effectively, lifetime gifts can be a useful tool in estate planning. 

Related Services

  • Undue Influence

    We can help if you suspect someone has been coerced into making a gift in their Will.

  • Contentious Probate

    We can help if a valid Will is mishandled by the Executor.

Accreditations & Reviews