The following Wills & Probate practice note Produced in partnership with Emma Holland of Stewarts Law provides comprehensive and up to date legal information covering:
Particularly where an estate appears to be smaller than anticipated, personal representatives (PRs) and beneficiaries often have queries and concerns about dispositions made by the deceased during their lifetime. These dispositions may include gifts, asset sales which appear to have been made at an undervalue, loans on favourable terms, solely owned assets which were transferred into joint names and deathbed gifts.
Where the deceased's affairs were being dealt with by an attorney or deputy the focus of investigations may need to include them.
There are a number of bases upon which a lifetime disposition may be challenged. Such claims may involve allegations that:
the deceased lacked capacity (including concerns relating to potential abuse by an attorney or deputy)
the deceased was subjected to undue influence, and
the requirements for a valid deathbed gift (donatio mortis causa) were not met
The common law test for establishing mental capacity to make a lifetime gift is set out in the case of Re Beaney and is described as an ability to understand, rather than actual understanding:
‘…the question in each case is whether the person concerned is capable of understanding what he does by executing the deed in question when its general purport has been fully explained to him.’
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of proceedings, including to allow for: a jurisdictional challenge; arbitration; an attempt to settle; related criminal proceedings; an opportunity to
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.