Promises & Gifts Made Before Death

Proprietary estoppel

If someone makes a promise that they will leave part (or all) of their estate to a person but they do not do so (e.g. their estate passes in a different way, whether by Will or in accordance with the intestacy rules), then that person may have a claim in proprietary estoppel.  A promise alone is not sufficient.  The components of a claim are:

  • Assurance:

Someone must have made a promise, representation or assurance to the person making a claim (“the claimant”) that led the claimant to expect that they would be entitled to an interest in their property.

  • Reliance:

The claimant must be able to show that they relied on the promise, representation or assurance.

  • Detriment:

The claimant must be able to show that they have suffered detriment.

If these components are satisfied, the court has wide powers to make an order to correct any unfairness or injustice. 

Please do get in touch if you would like advice in relation to making or defending a proprietary estoppel claim. 

Promises and Gifts before death

Deathbed gift claims (known as donatio mortis causa)

There are a number of specific criteria:

  • The person making the gift must contemplate their impending death.
  • The gift is conditional; it only takes effect if and when the contemplated death occurs. Until then, the person making the gift can change their mind.
  • The person making the gift must pass something, e.g. the item or related documents, to the person receiving the gift.

These situations are uncommon and the law is complex.  Please contact us to discuss your position, whether you are making or defending a deathbed gift claim.

Unsigned Will

If your relative or friend made a draft Will that includes you but they (or someone on their behalf) did not sign it, that Will is not valid.  This is a difficult situation but, if they instructed a professional to prepare the Will, there may be something you can do.  Please contact our Contentious Probate Solicitors to discuss your circumstances or to contest a Will.

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All our solicitors are either full members of ACTAPS (the Association of Contentious Trust and Probate Specialists) or are working towards that. The team is overseen and led by experienced Partner, Helen Thompson, who is 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. We are also proud to be ranked in the top tier of the prestigious Legal 500 directory.

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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.

Helen Thompson

Helen Thompson

Helen is a Partner and Head of the Contentious Probate Team

Jennifer McGuinness

Jennifer McGuinness

Jennifer is a Partner in our Contentious Probate Team

Adam Carvalho

Adam Carvalho

Adam is a Legal Director in our Contentious Probate Team

Nicola Moulds

Nicola Moulds

Nicola is a Senior Associate in our Contentious Probate Team

Eleanor Clarke

Eleanor Clarke

Eleanor is a Senior Associate in our Contentious Probate Team

Stephanie Ewan

Stephanie Ewan

Stephanie is an Associate in our Contentious Probate Team

Katie Hayes

Katie Hayes

Katie is an Associate in our Contentious Probate Team

Jade Smith

Jade Smith

Jade is a Trainee Solicitor in our Contentious Probate Team

Thomas Lees

Thomas Lees

Thomas is a Trainee Solicitor in our Commercial Litigation Team

Lisa Birrell

Lisa Birrell

Lisa is a Paralegal in the Contentious Probate Team

Helen Mort

Helen Mort

Helen is a Paralegal in our Contentious Probate Team

Danielle Malpus

Danielle Malpus

Danielle is Legal PA in our Contentious Probate Team

Sarah Carruthers

Sarah Carruthers

Sarah is a Legal PA in our Contentious Probate Team

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