When someone dies the process of probate assesses what a person owns and what they have left in their Will to their beneficiaries. When looking at their estate it may become obvious to the executors that certain assets have been transferred to other people before the deceased passed away.

If you would like to talk to one of our wills dispute experts about making a claim against any property or assets that given away before death contact us 0161 930 5151 or e-mail willdisputesteam@gorvins.com for a free initial discussion with no obligation.

Gorvins Approach to Property and Asset Claims

It could be that the gift was perfectly legitimate or it could be that the gift is totally out of character and not something that would have been expected from the deceased.

This brings into question whether any undue influence has been exerted on the deceased prior to their death. Just because the property was given away before death, does not mean that the transaction cannot be challenged, in particular if the deceased was elderly or vulnerable.

A challenge to the transaction can be made on the basis of lack of capacity, undue influence, or sometimes even fraud, but in each case, evidence will be needed to understand the circumstances of the transfer.

Why did the deceased make the gift? If you are an executor or beneficiary to a Will and want to challenge a gift or transfer made before death, contact one of our expert team who will be able to advise you further on gathering evidence and how to challenge the transaction with a view to putting the “gift” back into the estate.

How can Gorvins Help?

We can advise you on the law and your rights to determine whether any property or assets belonging to the deceased were unlawfully given away prior to their death.

Our dedicated team of lawyers specialising in contesting Wills, can guide you through each step of the legal process. Contact a member of the team on 0161 930 5151, e-mail willdisputesteam@gorvins.com or fill in our enquiry form and we will call you straight back.


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Meet the Will & Estate Disputes team

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