Deathbed Gifts

Deathbed Gift Claims

Where someone knows that they will die soon, they may not have time to update their existing Will, in which case they choose to make a ‘deathbed gift’ in the form of a verbal agreement. Our contentious probate solicitors can support both claimants and defendants where a deathbed gift is being contested.

At Tinsdills Solicitors, our team have expertise in handling a wide range of legal disagreements. We will work alongside you when making or defending a deathbed gift claim, providing practical guidance and close personal support that allows you to achieve your desired outcome.

With strong negotiation skills, we focus on finding amicable solutions to disputes wherever possible. We always focus on reaching the best possible settlement based on the circumstances of the case, which means understanding the dispute in detail and what you want to achieve. If court proceedings are needed to reach a resolution, we can provide representation and advice throughout that process.

As deathbed gifts take effect outside the provisions of a Will and can lead to various disputes between family members, it is important to make sure that you enlist expert legal advice when handling lifetime planning matters. We can offer guidance when it comes to these issues, including:

To arrange an appointment with one of our contentious probate solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach please call 01782 652300 or use the enquiry form on the right hand side of the page.

Our Deathbed Gift Expertise

Disputing a Deathbed Gift

It can be very disheartening to learn that your inheritance has been affected by a deathbed gift which has been given to someone else, especially if that gift overrules the instructions left in a Will.

If your share of an estate has been reduced as a result of a deathbed gift which has been given to someone else, our contentious probate solicitors can support you with the process of contesting that gift.

Deathbed gifts need to meet several strict conditions for them to be considered valid, which means they need to be carefully scrutinised before being awarded. We can work alongside you to assess the circumstances surrounding the deathbed gift and whether it can be considered legally valid, taking steps to contest it on your behalf.

Defending a Deathbed Gift

If you have been provided with a legitimate deathbed gift prior to a loved one’s death, you would naturally wish for any other beneficiaries to respect the deceased’s wishes. However, it is common for these gifts to be disputed on the grounds that they are made outside the provisions of a Will and are often verbal agreements.

If you have received a deathbed gift which is being disputed, we can act in your defence and help you maintain control of any assets which are now rightfully yours. This means collecting all the relevant evidence that points towards the fact that the gift is legally compliant.

Meet Our Dedicated Wills, Trusts & Probate Team

Legal & Commercial Director

Paul Woolliscroft

Paul is a litigation Solicitor, Legal & Commercial Director and Head of the Litigation…

Senior Associate

Jason Washington

Jason is a Senior Associate and advises both businesses and individuals in resolving disputes….

Legal Executive (FCILEx)

Shannan Sutton

Shannan is a Chartered Legal Executive who specialises in civil matters for the department,…

Get In Touch With Our Contentious Probate Solicitors Today

Do you want to discuss a disputed deathbed gift? We have experience in these areas and more.

With a dedicated team on hand to take you through every step of the process, you can rest assured that we will provide you with the best chance of getting the outcome you deserve.

To arrange an appointment with one of our contentious probate solicitors in
Hanley,
Leek,
Newcastle-Under-Lyme, or Sandbach,
please call 01782 652300 or use the enquiry form on the right hand side of the page.

Deathbed Gift FAQs

What Classes as a Deathbed Gift?

A deathbed gift is an alternative method someone can use to dispose of their estate, as opposed to a valid Will or intestacy rules.

What Makes a Deathbed Gift Legally Valid?

There are a number of conditions that must be met for a deathbed gift to be considered valid. These are:

The person making the gift must contemplate their impending death
The gift must be clearly conditional upon that person’s death actually occurring
The person making the gift should deliver ‘dominion’ over the subject matter of the gift

One other requirement is that the person making the deathbed gift must have the necessary mental capacity to make the said gift. This standard will ultimately depend on the subject matter of the gift. The more significant the gift, the standard required will increase, and the test will move closer to the capacity required to make a Will.

What is the Difference Between a Deathbed Gift and a Lifetime Gift?

While both deathbed gifts and lifetime gifts impact a person’s estate, there are important differences between the two.

Lifetime gifts can be made at any point during someone’s life, whereas deathbed gifts are only given by someone who is close to the end of their life.

Lifetime gifts also take immediate effect and cannot be revoked once validly made. Deathbed gifts are conditional on death and do not take place until someone dies. They can be revoked at any time until death happens.

Is There a Time Limit for Contesting a Deathbed Gift?

While there are no strict time limits for contesting deathbed gifts, it is important to get legal advice as soon as possible to stand the best chances of your claim being accepted. The longer a delay for making a claim, the more unlikely it is that your claim will be upheld.