Our Promises and Gifts Before Death Service
What is a Lifetime Gift?
A lifetime gift, also known as an “inter vivos gift,” is a transfer of money, property, or other assets made while the donor (the giver) was alive.
Such asset transfers might later be challenged as improperly made.
Such gifts can significantly reduce the donor’s estate, impact inheritance, and create grounds for disputes between family members, including over the amount of inheritance tax payable.
Can a Lifetime Gift Be Challenged?
Yes, potentially depending on the circumstance in which a gift was made.
A gift or item considered valuable can be legally challenged on several grounds, such as:
- Lack of Mental Capacity: Did the donor understand the nature and consequences of the gift?
- Undue Influence: Was the donor pressured or coerced?
- Lack of Intention or Knowledge: Was the donor aware that they were making a gift?
- Fraud or Mistake: Was there any deception or misunderstanding about the gift?
If evidence supports any of these grounds, the court may set aside the gift or asset transfer.
Who We Can Help
Myerson Solicitors assist a wide range of clients facing disputes over lifetime or deathbed gifts.
Whether you are concerned about how a gift was made, believe your rights as a beneficiary are at risk, or simply want to ensure a gift reflects the donor’s genuine intentions, our expert team is here to help.
Beneficiaries Contesting a Gift
- Individuals who believe a lifetime or deathbed gift was made under undue influence, without mental capacity, or without the donor’s full understanding.
- Family members who feel excluded or disadvantaged by last-minute gifts, or who have concerns about disputed property transfers.
- Those seeking advice on how to challenge questionable gifts, assert their rights under a Will, or protect their rightful inheritance.
Recipients Defending their Gift
- Beneficiaries whose entitlement to a gift is being challenged or who need to prove that the gift was validly made, with clear intent from the donor.
- Individuals seeking legal assistance to properly document and confirm the validity of lifetime or deathbed gifts.
- Anyone needing help to establish their entitlement, gather evidence of the donor's intent and capacity, or defend their beneficiary status in court.
Executors and Trustees
- Executors or administrators dealing with disputes over gifts or property distribution, seeking guidance on applying the appropriate legal standards.
- Trustees involved in disputes over trust assets, needing advice on managing claims and ensuring fair estate administration.
Families and Donors
- Families concerned about how disputed gifts may affect relationships or inheritance rights, seeking mediation or resolution of conflicts.
- Donors aiming to protect their gifts legally and ensure their estate planning reflects their true intentions.
Key Areas in Disputes Over Gifts and Estates
Proprietary Estoppel
If someone was promised a share of property or an estate and relied on that promise to their detriment, but the promise was not fulfilled, they may have a claim for proprietary estoppel. To succeed, claimants must demonstrate:
- A clear promise or assurance was made.
- They relied on that promise and suffered detriment as a result.
If the court is satisfied, it can order compensation or the transfer of the promised asset to remedy the unfairness.
Deathbed Gifts (Donatio Mortis Causa)
These gifts have strict requirements:
- The gift must be made with the expectation of imminent death and only takes effect if the donor dies as anticipated.
- The donor must physically transfer the gift or provide a means of control, such as keys or deeds.
Such claims are rare and complex, often contested due to concerns over undue influence, lack of mental capacity, and other legal issues.
Unsigned Wills
If a Will was made but not signed, it is not legally valid. However, if you were included in a draft Will and a professional was involved, there may be legal options available. It is important to seek advice to understand your standing and explore potential options.
Frequently Asked Questions
How long do I have to challenge a lifetime gift?
Claims should be made as soon as possible; strict time limits may apply and should be checked.
What evidence do I need?
Documents relating to the gift, the donor’s capacity, or evidence of promises or undue influence are crucial.
What if there’s a dispute about property or estate ownership after a death? You may have claims in proprietary estoppel or contest a “deathbed gift.”
Testimonials
Ms Syme
Great level of expertise and scope in all areas.
Ms Jackson
Eleanor Clarke was on the ball, honest, clear and lucid.
Mr Davies
The team have shown me great empathy and compassion at a very difficult time in my life and hope for the future.
Ms Syder
When I first contacted Myerson for advice with regard to my situation, I found them to be professional, patient and informative. During the process, I did at times find myself emotionally overwhelmed and stressed; however, Jennifer and Katie went above and beyond to support me and guide me through the options, giving me time to evaluate everything. The whole Contentious Probate Team made me feel supported and confident in my inheritance claim. I can’t thank them enough.
Mr Borrett
Nicola Moulds has been very understanding of my situation, as have all the other people I have communicated with in Nicola’s team. I would have no hesitation in recommending them.
Mr Naylor
Fantastic firm - couldn’t recommend enough! Nicola and her associates worked so hard to achieve a big win for me on my grandfather's estate . The knowledge that they all have in their own areas astounded me, and they are all such genuine, lovely women .
Mr Morgan
I just wanted to thank you for your brilliant work on my case. I know it wasn't the easiest of cases and I wasn't the easiest of clients you've ever had. But I would like to thank Nicola and her team for their hard work. Also Stephanie was excellent. Please pass on my gratitude to her. I'm really grateful for what you did for me. I can now move on with my life thanks to you. You have my deepest respect.
Mr A
I honestly can say that in my absolute worst time Myerson came through like a light in absolute darkness. I spoke with few firms and nobody matched the compassion, professionalism and honesty that I desperately needed. Please, anyone who needs legal representation, you can’t get better than Myerson’s in my experience.
Mr. J.
Rebecca Blundell was excellent, she was highly professional, efficient and above all delivered the results.
Caron & Mike
We were completely overwhelmed by our situation that needed legal advice and representation. Our turmoil ceased swiftly once we spoke to Jennifer. She was supportive, kind and caring whilst remaining professional and "to the point". Her knowledge and advice reassured us and gave us confidence in her expertise. We appreciate her and her team and would have no problem recommending them to anyone.
Paul
I wanted to write and thank you and your team for everything you have done for me. Your understanding of my mental issues has been unquestionable, and the patience you and the team have shown throughout the whole case has been brilliant, even at my worst when I could barely string a sentence together. I will not hesitate to recommend you and your company at any opportunity I get. Truly a 5 star company with morals that are very rare nowadays.
Anne Bailey
Thank you so much Stephanie for listening to me today and being so kind and empathetic. I think I may have been naïve and too trusting. I have forwarded your information to my Son and Daughter. On a personal note can I thank you for your time and being so kind and understanding. We need more people like you in the World.
Hannah
Thank you for the effort and hard work Jennifer and everyone at Myerson have put into my case; I appreciate it’s been a long haul, and it just felt necessary to express that gratitude.
Amanda
Jennifer has been incredibly patient and supportive and has given good advice. After I believe I was badly advised by a previous legal representative. Highly recommended.
Edwin
I found Jennifer McGuiness to be very friendly and very knowledgeable and gave Sensible advice.
The British Wills and Probate Awards Judging Panel
Myerson demonstrated the highest standards of legal expertise, courtroom skill, national reach, client care, and transparency, proved through reported trials, directory praise, and client testimonials.
Legal 500, 2022
Myerson’s are the go-to firm for contentious trust & probate, exceptional knowledge and negotiating skills. Will fight your corner well and reasonably priced for the high level of service.
Legal 500, 2022
Helen Thompson is considered ‘a true companion‘ by her clients for her litigation work.
Legal 500, 2022
Helen Thompson is a true champion of her clients, working tirelessly for the right outcome for them. A real gem in the sector and deserves recognition in her field.
Legal 500, 2022
It’s the personal touch they offer, including their empathy for your individual case.
Legal 500, 2022
Helen Thompson and Stephanie Ewan lead the team and were always available at the critical times. This involved out of hours working as well as comprehensive management of the resolution.
Legal 500, 2022
Stephanie is very professional and patient. She will help you with any questions you may have.
Legal 500, 2024
Myerson have set themselves apart from most every contentious probate practice in the North West. There is an exceptional level of talent at almost every level. Myerson deal with matters that are often fraught with complexity and emotion in a highly diligent and sensitive manner. When Myerson instruct me as counsel, their instructions are concise and well prepared.
Legal 500, 2024
They are genuine specialists in this area, with many of the team having obtained or working towards full ACTAPS membership and have strength in depth. When they are on the other side of a matter we know that their client will be getting sensible, practical advice from a knowledgeable team. They are a top level firm in the North West in this area.
Legal 500, 2024
The Myerson contentious trusts and probate team is the go-to team in the North of England, in my view. All its members who I have dealt with are superb – no weak link.
Legal 500, 2022
Myerson has given constant support and works together with the client proactively to get the matter resolved successfully and cost-effectively.
Legal 500, 2022
Compared with other firms I have dealt with Myerson’s took a very direct route in achieving success on my behalf. I was frequently able to discuss an issue online with several members of the team whenever an unexpected situation arose.
Challenging Lifetime Gifts Case Studies
Canarapen v Gauchenot – Declaration that Deed of Variation is Binding
The dispute concerned the £1.7 million estate of Mrs Gauchenot’s late mother, including a substantial Fulham property.
Following her mother’s death, Mrs Gauchenot reconnected with her nephew, and he assisted her with the estate, including overseeing repair works to the property. Mrs Gauchenot, who has no children of her own, subsequently executed a Deed of Variation transferring her entire one-third interest in the estate to him.
When relations later deteriorated, Mrs Gauchenot sought to revoke the Deed. Myerson’s Contentious Probate team acted for Mr Canarapen in issuing a claim for a declaration confirming the validity of the Deed.
At trial before Master Pester, Mrs Gauchenot argued that the Deed had not been delivered and was executed under a mistake.
The Court rejected all arguments, finding that she had unequivocally delivered the Deed and that her alleged misunderstanding fell far short of a mistake warranting rescission.
A late application to amend her defence to allege that the delivery of the Deed was subject to conditions was also refused.
The Court declared the Deed of Variation to be valid, effective and binding, confirming that a properly executed and delivered Deed cannot later be revoked.
Why Work With Our Contentious Probate, Wills and Trusts Team?
- We’ve been named Best Contentious Probate Team at the British Wills and Probate Awards 2025, recognising our legal expertise, courtroom skill, national reach, client care, and transparency.
- We have been ranked as a Top Tier law firm by the Legal 500 for the last seven years.
- We have been recognised by The Times and The Lawyer as a Top 200 UK law Firm.
- Price transparency - we provide our clients with clear cost advice at the outset with ongoing updates throughout the matter. Sometimes, we can pursue a contentious probate claim for you on a no win no fee basis.
- The contentious probate team is led by experienced Partner Helen Thompson, a member of STEP (the global professional association for practitioners who specialise in inheritance and succession planning) and has completed the Advanced Certificate in Trust Disputes.
- All our Contentious Probate solicitors are members of the highly accredited Association of Contentious Trust and Probate Specialists ACTAPS.
- We have the largest team of contentious probate solicitors in the Northwest, ensuring you receive the best legal advice and support.
- We are a full-service law firm operating from a one-site office, which means our teams communicate effectively and efficiently, and our contentious probate lawyers can draw on support from other specialist lawyers, such as property, private client, agricultural, family, commercial and corporate lawyers.
- We use the latest technology to ensure that we are working as efficiently as possible and that geographical distance is no bar to us from providing you with excellent client service.
- Please take a look at the Myerson Promise for further benefits of working with us.
Meet Our Contentious Probate Solicitors
Home-grown or recruited from national, regional or City firms. Our contentious probate lawyers are experts in their fields and respected by their peers.
Contact Our Experts
You can contact our lawyers below if you have any more questions or want more information:
0161 941 4000
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