Challenging a lifetime gift
You may discover after death that during someone’s lifetime they made a significant gift or gifts. You may be concerned the deceased did not have the mental capacity to make such a gift or that they were placed under undue pressure. It could be that you suspect that the deceased had no knowledge of the gift at all and that it was arranged by someone with access to their finances.
In some cases disputed lifetime gifts are uncovered during the person’s lifetime. It could be there is an attorney dealing with your loved one’s finances who has exceeded the authority they have to make gifts on their behalf. If so, you may want to consider applying for the removal of the attorney.
A lifetime gift may be set aside (reversed) due to either presumed undue influence or actual undue influence.
We act for both beneficiaries and personal representatives of estates who are looking to overturn a lifetime gift. We also advise those who have received lifetime gifts that are later being challenged.
If you were promised by the deceased that you would receive something and you do not you may have a claim of proprietary estoppel.