Lifetime gift disputes
Attorneys and deputies have only very limited abilities to make a gift on behalf of a person lacking mental capacity, such as those of a “seasonal and customary nature”. This means that court permission is required in order to make larger gifts.
An application to the Court of Protection for the approval of a lifetime gift may be disputed by others who do not consider it to be in the best interests of the person lacking capacity.
If there is a dispute about the size of a gift being made on behalf of someone lacking mental capacity then our specialist Court of Protection disputes team can advise.
Please do not hesitate to contact us if you would like to discuss this further.