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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 experts about making a claim against any property or assets that given away before death contact us 0343 507 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 0343 507 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

  • Christine Thornley

    Head of Wills, Trusts & Probate
    Wills, Trusts & Probate

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  • Danielle Clements

    Senior Associate
    Dispute Resolution

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  • Michael Smoult

    Senior Associate
    Wills, Trusts & Probate

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  • Tasoula Addison

    Associate Solicitor
    Wills, Trusts & Probate

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What Will & Estate Disputes services do we offer

  • Challenging or Contesting a Will

    Anyone can leave their money and belongings to whom they wish in their Will, but on occasion disputes do arise over...

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  • Claims against property or assets

    When someone dies the process of probate assesses what a person owns and what they have left in their Will to...

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  • Fraudulent Wills

    It is unusual but it can sometimes be the case that a fraudulent Will has been created...

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  • Inheritance Act Claims

    Family relationships are increasingly complicated and you may feel that you have wrongly been left out of a Will...

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  • Invalid Wills Involving Mental Capacity

    Sadly, there are an increasing number of elderly people developing dementia, and people who are unable to make...

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  • Invalid Wills involving undue influence by others

    As people’s assets have become more and more valuable over the years there has been a rise in Wills being contested...

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  • Lost Wills

    When someone dies, you need to locate a copy of the latest Will. This can be difficult as people often don’t like...

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  • Negligently drafted Wills

    When a loved one dies it is a difficult time but when there are problems with the Will this can be even more...

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  • Problems with Executors or Trustees

    Estate and Trust administration can take a long time. If there is a dispute it can take years rather than weeks and...

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  • Trust Disputes

    Handling trust disputes involving individuals, corporate trustees, charities and beneficiaries is a highly complex...

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News

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Blog

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