Can a gift made before death be challenged?

It sometimes happens that a person makes a significant gift prior to their death. A beneficiary who receives less, or nothing, as a result, may want to challenge the gift.

There are a number of ways to challenge a gift made before death, including:

• Mental Capacity

  If a person was not of sound mind when making the gift, the gift can be challenged.  Evidence will need to be produced to show this, and we can advise you on exactly what you will need and how to obtain it.

• Undue Influence

  If a person made the gift as a result of coercion or pressure from another, then the gift can be challenged. Again evidence will be needed, and we can advise you on exactly what you will need and how to obtain it.

• Attorney acting outside of powers
  There are instances where a person has power of attorney over another and makes gifts.  Attorneys only have the power to make small gifts to charity or birthday or seasonal gifts of a similar value to those made by the person concerned when they had capacity.

If more substantial gifts are made, without the approval of the court, they can be challenged.

Want to know more, contact Martyn Trenerry or read below.

Our Expertise

Contesting a Will

• Is there a time limit for contesting a will?
• What are the grounds for contesting a will?
• How can I obtain information about the drafting of a will?
• Is a promise made before death enforceable?
• Can a gift made before death be challenged?
• What can we do if there’s a dispute over burial, ashes and funeral disputes?
• What to do if a will is poorly drafted, there is a mistake or improper administration?
• What to do if a will has been lost, damaged or destroyed?

Financial Provision

• What are the grounds for making a claim under the Inheritance Act?
• Is it possible to make a claim against an estate, whether there is a will or not?
• Who can make a claim regarding financial provision?
• What does reasonable financial provision mean?