Individual / Will Disputes & Contentious Probate
When someone dies, families sometimes discover that money, property or valuables were transferred to another person in the months or years before death, leaving far less in the estate than expected. If a lifetime gift or transfer was made when the person lacked capacity, was pressured, or was deceived, it may be possible to challenge it and recover the asset for the estate.
Call us on 0161 930 5151 or email willdisputeteam@gorvins.com for a confidential conversation about a disputed gift or transfer.
Not everything a person owns necessarily passes under their will. Sometimes assets are given away, sold at an undervalue, or moved into someone else’s name during the person’s lifetime. When these transfers are questionable, an executor or beneficiary can bring a claim to have them set aside, so that the asset is returned to the estate and distributed according to the will or the intestacy rules.
These disputes often come to light only after death, when bank statements are reviewed or the estate turns out to be much smaller than the family expected. Common examples include:
A gift or transfer made before death does not become unchallengeable simply because it happened while the person was alive. It can be set aside on several grounds:
The person must have had the mental capacity to understand the gift and its effect at the time it was made. If they were affected by dementia, a stroke or another condition, and did not truly understand that they were permanently giving the asset away, the transfer may be invalid.
If the person was pressured, coerced or manipulated into making the gift, it can be set aside. There are two types. Actual undue influence involves overt pressure or threats. Presumed undue influence can arise where the person who benefited was in a position of trust and confidence, for example a solicitor, attorney, carer or trusted relative, and the gift calls for an explanation. Where the presumption applies, the burden can shift to the recipient to show the gift was made freely.
Where a transfer was procured by deception, forged documents, or a genuine mistake about what was being signed, it can be challenged and reversed.
Attorneys and deputies must act in the best interests of the person they represent and only make gifts within strict legal limits. Gifts made outside those limits, or that amount to financial abuse of an elderly or vulnerable person, can be challenged, and the attorney may be required to repay the money.
Sometimes what the recipient calls a “gift” was in fact a loan. If so, the estate may be entitled to repayment. The basis on which an asset was transferred is often a key issue in these claims.
Yes. A lifetime gift can be challenged either while the person is still alive or after their death. After death, the right to bring a claim to recover assets usually rests with the executors or administrators of the estate, although beneficiaries who lose out can press for action to be taken. If a successful challenge is made, the asset, or its value, is returned to the estate.
Separately, if a person gave assets away and, as a result, has not left reasonable provision for a spouse, child or dependant, that person may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Our Inheritance Act claims team can advise on this route.
Time limits depend on the grounds of the claim. Claims based on fraud or undue influence are commonly subject to a six-year limitation period, though the position can be complex, and the clock may run from a different date depending on when the facts were, or could reasonably have been, discovered. Because the limits are not always straightforward, and because evidence such as bank records and witness recollections deteriorates over time, you should take advice as early as possible.
Confidence level on the six-year point: Confident. Limitation in gift and financial-abuse claims turns on the specific cause of action, so the exact deadline should always be confirmed on the individual facts.
These claims are evidence-driven. Depending on the grounds, useful evidence may include:
We can help you gather this evidence, request explanations from the person who received the asset, and, where appropriate, apply to the court to have the transaction set aside.
Our Will Disputes and Contentious Probate team acts for executors, administrators and beneficiaries in disputes over lifetime gifts and transfers. We can:
Where the concern extends to the will itself, our specialists in contesting a will, undue influence, mental capacity and problems with executors or trustees can also help.
Gorvins is a Legal 500 recognised firm based in Stockport, acting for clients across Greater Manchester, the North West and nationally.
Call us on 0161 930 5151, email willdisputeteam@gorvins.com, or complete the enquiry form below and we will call you straight back.
Yes, in some circumstances. If the gift was made when the person lacked mental capacity, under undue influence, through fraud, or outside the limits of a power of attorney, a court can set it aside and return the asset to the estate.
After death, the claim usually rests with the executors or administrators of the estate. Beneficiaries who have lost out can press for the claim to be pursued, and in some cases take steps themselves where the executors will not act.
Possibly. Property transfers, including transfers into joint names, can be challenged on grounds such as lack of capacity or undue influence, particularly where the person was elderly or vulnerable. The Land Registry record and evidence of their wishes at the time will be important.
Attorneys can only make gifts within strict legal limits and must act in the person’s best interests. Gifts made outside those limits, or that amount to financial abuse, can be challenged, and the attorney may be ordered to repay the money.
It depends on the grounds. Fraud and undue influence claims are commonly subject to a six-year limit, though the start date can vary. Because limitation in these cases is fact-specific, and evidence fades over time, you should seek advice promptly.
That is often the central question. If money or property was transferred as a loan rather than an outright gift, the estate may be entitled to repayment. Documentary evidence and the surrounding circumstances help establish which it was.
Wills, Trust & Probate
