Deathbed Gift Claims
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Experts in Deathbed Gift Cases
When 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 claimants and defendants where a deathbed gift is contested.
At Tinsdills Solicitors, our team is expert 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 to help you achieve your desired outcome.
With strong negotiation skills, we focus on finding amicable solutions to disputes wherever possible. We always aim to reach 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.
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 that has been given to someone else, our contentious probate solicitors can support you in the process of contesting that gift.
Deathbed gifts must meet several strict conditions to be considered valid, meaning they must 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 before 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 that is being disputed, we can act in your defence and help you maintain control of any assets that are now rightfully yours. This means collecting all the relevant evidence that the gift is legally compliant.
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
Another requirement is that the person making the deathbed gift must have the necessary mental capacity to make it. This standard will ultimately depend on the subject matter of the gift. The more significant the gift, the higher the standard required, 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, getting legal advice as soon as possible is important to stand the best chances of your claim being accepted. The longer the delay for making a claim, the more unlikely it is that your claim will be upheld.
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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 guide you through every necessary step, you can be certain that we will give you the best chance of getting the outcome you deserve.
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To arrange an appointment with one of our contentious probate solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach, please call