When advising in relation to inheritance related claims, it sometimes becomes apparent that a gift or transfer (usually of a property) took place before the deceased’s death which may be an invalid gift or transfer 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 claim against the estate after death i.e. the transfer out of the estate reduces the value of the estate
It may be possible to prove that the gift or transfer was invalid and call the value of the asset back into the estate.
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 trust claims. 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
At MW, our mission is "To make quality legal services accessible to everyone", including those who need to pursue a TOLATA claim. Our Estate & Trusts Dispute Team are specialists in pursuing such claims as well as “back-up” inheritance claims, which can be a very powerful tool in achieving a just result for our clients.