Where lifetime gift disputes arise, it is essential that a swift resolution is found to reduce the potential for further disruption. This is something our specialist solicitors will be able to support you with.
At Brethertons, we understand how sensitive and often confusing disputes surrounding lifetime transactions can be. Challenging gifts made before death can potentially put you in dispute with your family and loved ones, which can create a number of complications.
Our team have specialist expertise in dispute resolution. This means we will be well positioned to support you in handling lifetime gift disputes, no matter what the surrounding circumstances may be. We will work alongside you to ensure that we achieve the best possible outcome on your behalf.
Our lifetime gift dispute solicitors will be able to advise on a wide range of potential situations, as well as providing general guidance on the way lifetime gifts work in the UK and whether a making a claim is possible. Whether you are bringing a claim or challenging a gift made after death, our team will listen closely to your concerns and advise you on the most appropriate course of action.
From here, we will be able to advise you on the options that will be available to you and the steps you can take to secure the right outcome for you and your family.
Our experts can help with:
- Disputes concerning the deceased’s mental capacity
- Disputes concerning undue influence
- Disputes concerning errors made in signed documents
- Proprietary estoppel
Why choose Brethertons’ lifetime gift dispute solicitors?
- We are experts in dispute resolution and litigation before anything else.
- When handling lifetime gift disputes, we utilise the additional expertise of our Wills, Trusts, Capacity and Probate team to provide a comprehensive service. Our combined experience ensures that we can provide the highest standard of legal advice and guidance.
- You case is unique, and we understand that. This means that will always tailor our advice to your personal situation so that we can help you reach the best possible outcome.
- Our solicitors can support clients up and down the UK through videoconferencing, email and face-to-face meetings to offer a highly personalised service.
- We are able to advise on even the most contentious lifetime transaction disputes.
- Our team provide clear, straightforward and jargon-free advice that helps you to clearly understand what steps need to be taken to secure a positive outcome.
Our lifetime gift dispute expertise
Disputes concerning the deceased’s mental capacity
When making a lifetime gift, the deceased must have had sufficient mental capacity. Question marks surrounding this issue should be taken seriously as, if it can be shown that the deceased did not have mental capacity, the awarding of the lifetime gift could be challenged.
Our solicitors can advise you in this regard, also advising on situations where a lifetime gift was made by an attorney or deputy on behalf of the deceased.
Disputes concerning undue influence
The issue of ‘undue influence’ is likely to emerge in situations where the recipient of a gift enjoyed a particularly close relationship with the deceased. The is also likely to be the case if the lifetime gift was notable large compared to other assets owned by the deceased.
We can support you in making or defending a claim of undue influence, taking every aspect of the situation into consideration.
Disputes concerning errors made in signed documents
Human error is something that occurs more frequently than you might expect. This means that any official documents signed by the deceased can be subject to scrutiny.
Our team will assess any documents that have been signed, such as deeds and declarations of trust, to determine whether any corrections need to be made which may have an impact on any lifetime transactions.
Proprietary estoppel
Proprietary estoppel claims can be made if the deceased made a previous promise to a third party that property would be transferred to them, only for them to go back on this promise.
Our team can advise you on the prospect of making a proprietary estoppel claim and whether it would apply to your situation.
Lifetime gift dispute FAQs
What are lifetime gifts?
To summarise, a lifetime gift is a transfer from one person to another during the original owner’s lifetime. The gift could be anything of value, such as personal items, property or money.
The effect of lifetime gifts is important to consider. By making a gift, this removes value from the person’s estate, which can potentially reduce the amount of inheritance tax that needs to be paid.
What are the rules for lifetime gifts?
There are certain rules to consider when making lifetime gifts. For instance, most lifetime transactions and gifts are ‘Potentially Exempt Transfers’. With Potentially Exempt Transfers, if the person making the gift lives for 7 more years, it will be considered exempt from Inheritance Tax, no matter what the value is. This is so long as the person making the gift does not benefit from it in any way.
What is the maximum lifetime gift tax exemption?
The maximum lifetime gift tax exemption is £3,000 per year. An individual can give away £3,000 without having to survive for seven years for the gift to drop.
Consult our lifetime gift dispute solicitors in Banbury, Bicester and Rugby
To speak to our lifetime gift dispute solicitors today, don’t hesitate to get in touch.
We have offices in Banbury, Bicester and Rugby, working with clients across Coventry and Warwickshire, the West Midlands, Oxfordshire and nationwide.
