Challenging Lifetime Gifts

Lifetime gifts can be a thoughtful way for individuals to distribute their wealth during their lifetime. However, disputes can arise if gifts are given under questionable circumstances or if they negatively impact the rightful beneficiaries of an estate. At Roythornes, our experienced solicitors are here to provide expert guidance and legal advice to help you navigate challenging lifetime gift disputes.

Our lawyers have substantial experience helping clients navigate what can often be a complex and daunting time. Rest assured that we will provide a bespoke overview of your case and develop a tailored plan to give you the best chance of reaching a successful outcome, supporting you through each step with empathetic, friendly guidance.

Whether you suspect undue influence, lack of capacity, or improper decision-making, we understand the emotional and financial toll these disputes can take. Our solicitors specialise in resolving such disputes efficiently, using alternative dispute resolution wherever possible to protect relationships and avoid lengthy litigation.

At Roythornes, our lifetime gifts solicitors can provide support on various lifetime gifts matters, including advising on the legal process surrounding disputes, representing clients in court, and gathering evidence.

Get in touch with our Challenging Lifetime Gifts solicitors

Contact our dedicated team today for expert legal advice on challenging lifetime gifts. Our expert solicitors in Alconbury, Birmingham, Nottingham, Peterborough or Spalding are here to provide the support you need.

Our legal expertise in challenging lifetime gifts

At Roythornes, we have extensive experience handling disputes involving lifetime gifts. If you believe that your loved one has made a lifetime gift that was not in their best interests, no matter the circumstances, we can support you.

Our expertise in challenging lifetime gifts includes:

Investigating the circumstances under which the gift was made.
Advising on the legal grounds for challenging gifts made before death.
Gathering evidence to support your claim, including financial records and witness statements.
Engaging in negotiations and mediation to resolve disputes amicably.
Representing clients in court, should litigation become necessary.

We approach each case with sensitivity and determination, ensuring you receive tailored advice that considers both the legal and emotional complexities of your situation.

Reasons to challenge a lifetime gift

There are a multitude of reasons that can present a legitimate case to challenge lifetime gifts. Our expert team can assess the specifics of your case and ensure that any case raised is done so with the right evidence and reasoning. These include:

Vulnerability
Lack of capacity
Improper pressure
Fraud
Incorrect attorney decisions
Loans incorrectly perceived as gifts

Vulnerability

Gifts made by vulnerable individuals may raise concerns about whether they were truly voluntary. Vulnerability due to age, illness, or dependency can make individuals more susceptible to undue influence, leading to lifetime gift disputes.

Lack of capacity

Under UK law, the donor must have the mental capacity to understand the nature and consequences of their actions when making a gift. The gift may be challenged if there is evidence that the donor lacked capacity, such as medical reports or testimony from caregivers.

Improper pressure

Undue influence or coercion from family members or carers can result in gifts that do not reflect the donor’s true intentions. Proving undue influence requires evidence of manipulation or control over the donor’s decisions.

Fraud

Fraudulent actions, such as falsifying documents or misrepresenting facts to the donor, can render a lifetime gift invalid. Our gift disputes lawyers can investigate allegations of fraud and build a robust case to challenge the gift.

Incorrect attorney decisions

If an attorney under a Lasting Power of Attorney makes a gift on behalf of the donor without obtaining prior approval from the Court of Protection, the gift may be deemed invalid. Attorneys have a duty to act in the donor’s best interests and must adhere to strict legal guidelines.

If you would like to discuss lifetime gift disputes, including those based on incorrect attorney decisions, please do not hesitate to get in touch today.

Loans incorrectly perceived as gifts

Disputes often arise when financial support provided by the donor is treated as a gift rather than a loan. Clear evidence, such as written agreements or bank records, is crucial in resolving such disputes. A gift may have the hallmarks of being a loan, with repayment conditions attached to it. Our expert team can resolve this for you, clarifying potentially complex terms.

Frequently asked questions about challenging lifetime gifts

What is a lifetime gift?

A lifetime gift refers to any transfer of assets or property made by an individual during their lifetime. Common examples include monetary gifts, property transfers, or gifts of valuable items. It is common to transfer lifetime gifts to children or family members. These gifts are often made to reduce inheritance tax liabilities or financially support loved ones.

What is the maximum lifetime gift amount?

There is no absolute limit on the value of lifetime gifts. However, certain tax exemptions apply, such as the £3,000 annual gift exemption and the seven-year inheritance tax rule. Understanding the tax implications of lifetime gifts is essential to avoid unexpected liabilities. At Roythornes, we can provide expert guidance on tax and lifetime gifts.

How do I challenge a lifetime gift?

Whilst challenging a lifetime gift may appear complex, we can simplify the process for you. This typically involves:

Identifying the grounds for challenging the gift, such as lack of capacity or undue influence.
Gathering evidence, including financial records, medical reports, and witness statements.
Seeking legal advice from experienced gift disputes solicitors.
Attempting alternative dispute resolution, such as mediation, to resolve the matter amicably.
Pursuing litigation, if necessary, with court intervention to determine the validity of the gift.

Our gift disputes legal advice is tailored to your circumstances, ensuring a strategic approach to achieve the best outcome.

Is there a time limit for challenging a lifetime gift?

The time limit for challenging a lifetime gift varies depending on the circumstances. Claims based on undue influence or lack of capacity should be brought as soon as possible to preserve evidence and strengthen the case. Consulting a solicitor early ensures your rights are protected.

Why choose Roythornes’ challenging lifetime gifts solicitors?

At Roythornes, we recognise the stress lifetime gifts disputes can cause and are dedicated to making this process as easy as possible for our clients. Our expert team will thoroughly investigate your circumstances and provide bespoke advice to deliver the best chance of reaching the outcome that you deserve.
Our team boast accreditations like The Legal 500 and the Law Society’s Lexcel accreditation, meaning that you can trust us to deliver an exceptional service. Our dedication in this area is also reflected by our Customer Service Excellence award. We appreciate the stress that disputes can have on your personal relationships and will take the utmost care to ensure that you are protected in this regard.