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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.

 

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