We often find that when investigating inheritance claims evidence comes to light which shows that a gift or transfer (usually of a property) took place before the deceased’s death but the validity of the gift/transfer is in question either because:

• It was made at a time when the deceased lacked capacity or was being unduly influenced; and/or

• It appears to have been made in an attempt to defeat a Claimant bringing a claim against the estate after death (usually because the asset is of a significant value and thus its gift/transfer reduces the value o f the estate against which a claim would be made to a negligible amount).

However, just because the asset has been gifted/transferred out of the deceased’s estate during their lifetime does not mean that that is the end of the matter and our specialist inheritance lawyers are experienced in bringing claims to set aside the gift/transfer and thus call the value of the asset back into the estate.

As with claims challenging the validity of a Will, these claims will often include medical evidence if there is a concern as to the deceased’s capacity to make the gift/transfer. However, the position is different with this claim as compared to challenges to the validity of a Will as there is a presumption in the Claimant’s favour (i.e. that the transfer/gift was invalid) if undue influence is alleged.

These claims are often fact-specific so please call or email our specialist inheritance lawyers today for a FREE CASE REVIEW so that we can advise you of the options available in your circumstances.

Can I claim my share of a property without being (correctly) represented on the title?

We often find that there is a lot of cross-over between inheritance claims and claims which our clients pursue to obtain a legal interest in a property which they have contributed to financially or which they have been promised and they have detrimentally relied upon those promises. These claims will often also seek an order for sale of a property as well as seeking to define a person’s correct beneficial interest in it.

These claims are referred to as TOLATA Claims (Trusts of Land and Appointment of Trustees Act 1996 Claims) but also incorporate claims for proprietary estoppel, a resulting trust or a constructive trust. What these claims essentially do is to correct the injustice of circumstances where a person’s contribution to a property is not correctly reflected on the legal title or in a legal deed as well as seeking the recognition of the Court for promises made for someone to benefit from property upon which they have detrimentally relied.

We are specialists in pursuing such claims and often find that pursuing such claims, as well as “back-up” inheritance claims, can be a very powerful tool in achieving a just result for our clients.
This type of claim is often fact-specific so please call or email our specialist inheritance lawyers today for a FREE CASE REVIEW so that we can advise you of the options available in your individual circumstance.

We Can Help

We are specialists in pursuing such claims and often find that pursuing such claims, as well as “back-up” inheritance claims, can be a very powerful tool in achieving a just result for our clients.

This type of claim is often fact-specific so please call or email our specialist inheritance lawyers today for a FREE CASE REVIEW so that we can advise you of the options available in your individual circumstance.

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