Promises and Gifts Before Death

probate-disputes-gifts

Promises made before death can be enforceable and gifts made before death can be challenged.

Sometimes a gift made before death can be challenged, and a promise made before death can be enforceable.

Gifts made before death

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.

Promises made before death

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.

There are also gifts made shortly before death, known as “deathbed gifts”, or known by the latin term donatio mortis causa. There are four conditions which must exist for a gift to qualify as a deathbed gift and be enforceable:

  • Gift must be made when the donor believes he/she is going to die.
  • Gift must be made on the condition that the donor dies.
  • Donor must part with the gift in some way.
  • Gift must be capable of being given away in this manner.

If you have been promised an inheritance, or think you may have received a deathbed gift, but the executors will not recognise it, please get in touch and we may be able to assist.

Learn More

Further information about how we can help you with Will and Inheritance Probate Disputes:


How We Can Help


A member of our specialist team will be happy to help.

To discuss Promises and Gifts Before Death issues, please either use the contact form on the right, email us at lawyers@myerson.co.uk or call us today on +44(0)161 941 4000 to speak to a member of our team.

MSI Global Alliance


Myerson is the Manchester and Cheshire law firm member for MSI Global Alliance, a top 20 ranked, international association of professional firms.

Learn more...

Clients


Myerson act for a wide variety of clients across various sectors.

Learn more...

Testimonials


Read what a selection of our clients have to say about us.

Learn more...

Myerson Promise


We proudly offer our clients a promise which is at the cornerstone of everything we do. We always keep your specific concerns at the forefront of our minds.

Learn more...

Myerson Solicitors LLP
Grosvenor House, 20 Barrington Road, Altrincham, Cheshire, WA14 1HB
Tel: +44(0)161 941 4000
Solicitors Regulation Authority
MSI Global
Law Society
Legal 500