Promise or Gift Before Death
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.
Services also offered in
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.
Is a promise or a gift made before death enforceable?
In some cases, a promise made by a person before death can be enforceable, even if that promise is not provided for in a Will. This is known legally as “proprietary estoppel”.
To establish this type of claim there must be:
Promise
Party A must assure Party B that Party B will obtain a benefit after Party A dies
Reliance
Party B must reasonably rely on Party A’s representation or assurance
Detriment
Party B must incur a detriment as a result of his reliance on Party A’s representation or assurance.
Often, this includes providing care for the person before they die, or spending money on a property.
Contested Wills Enquiry
Fill out the form and a member of our team will get in touch to discuss how we can help.
Mullis & Peake will use the information you provide in this form in accordance with our privacy policy. With your consent, we may from time to time send you general updates by email or post that we think you will find of interest.This includes notification of upcoming event and updates or alerts containing relevant legal news. You can update your preferences at any time and will be able to easily unsubscribe from anything that you do not wish to receive.
Mullis & Peake have a specialist team in contested Wills ready to help you. Contact us online today or call us on 01708 784000.
Alternatively, request a call back to have one of our team contact you at a time that suits.
Our latest insights
Martyn is our Chairman and the firms' Compliance Officer for Legal Practice
Trudi is an Associate at Mullis & Peake, with extensive experience in the Wills and Probate field.
