You may discover following a person’s death that they made one or more substantial gifts during their lifetime. You may have concerns that the deceased lacked the mental capacity to make such gifts, or that they were subject to undue pressure or influence. In some cases, it may be suspected that the deceased had no knowledge of the gift altogether, and that it was arranged by someone who had control over or access to their finances.
In other situations, disputed lifetime gifts come to light while the individual is still alive. This can arise where an attorney responsible for managing a loved one’s financial affairs has exceeded the limits of their authority when making gifts on their behalf. In appropriate cases, it may be necessary to consider an application for the removal of that attorney.
A lifetime gift may be challenged and set aside where there is evidence of presumed undue influence or actual undue influence.
We act for beneficiaries and personal representatives who are seeking to overturn lifetime gifts, as well as for individuals who have received lifetime gifts that are subsequently disputed.
If you were given a clear promise by the deceased during their lifetime that you would receive a particular asset or benefit, but this has not occurred, you may have a claim based on proprietary estoppel.
If you would like to discuss this further please do not hesitate to contact us or request a callback.
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