Challenging deathbed wills, wishes and lifetime gifts

In the world of estate planning and inheritance law, disputes often arise when a person’s final wishes are unclear or contested. One area that commonly leads to contention is the gifting of assets near the end of someone’s life.

These gifts, known as deathbed gifts, can be subject to legal challenges. But what exactly are deathbed gifts, and how can they be challenged? In this article, we will explore the legal complexities surrounding deathbed gifts, the requirements for such gifts, and how they can be contested under English law.

What is a deathbed will?

A deathbed will is a will that is made or altered by a person in contemplation of their imminent death. Often, this happens when the individual believes that they are near death, either due to illness or injury. Deathbed wills are sometimes seen as hasty and made under duress or with diminished mental capacity, making them vulnerable to being contested.

The technical term for a gift made in contemplation of death is donatio mortis causa, Latin for “a gift in contemplation of death.” These gifts, unlike those made through a regular will, do not require the formalities of a written and witnessed document. However, the legal criteria surrounding them are strict, and if they do not meet these requirements, they may not be upheld by the courts.

What are the requirements for deathbed gifts?

For a deathbed gift to be valid under English law, there are several key requirements. The gift must be made with the clear intention that it is in contemplation of death. This means that the donor must believe they are about to die and be conscious of the fact that the gift is to take effect if they die. Importantly, the gift must:

1. Be made in contemplation of imminent death: The person making the gift must genuinely believe that death is impending. This can be due to a serious illness, injury, or other reasons that suggest the person is near death.
2. Be delivered: The gift must be physically handed over to the recipient, or the donor must take steps to deliver the gift in a way that confirms their intention. For example, handing over the title deeds to property or transferring money to a bank account.
3. Be revocable: A deathbed gift is revocable, meaning that it can be taken back by the donor if they recover or change their mind. This is in contrast to gifts made in a will, which are generally irrevocable unless explicitly altered.
4. Be contingent on death: The gift must be contingent on the donor’s death. If the donor survives, the gift may be void.

What is the contemplation of death?

Contemplation of death is a crucial element in determining whether a gift qualifies as a donatio mortis causa. It refers to the donor’s belief that they are facing imminent death, whether due to illness, injury, or another cause. If the donor does not genuinely believe they are close to death at the time the gift is made, the gift may be invalid.

For example, if someone makes a gift to a friend on their deathbed but later recovers, the gift may be contested if the donor did not honestly believe their death was imminent. Conversely, if the donor’s health deteriorates rapidly but they are unaware of the seriousness of their condition, their intention to make a deathbed gift could still stand if the proper legal requirements are met.

What is the difference between a deathbed gift and a lifetime gift?

A lifetime gift is a gift made during the donor’s lifetime but without the specific contemplation of death. This can be any gift made by a person to another while they are still alive and in good health, such as a gift of property or money. Unlike deathbed gifts, lifetime gifts are not contingent on the donor’s death. They also cannot be revoked unless specified in the terms of the gift itself (e.g., via a formal agreement or clause in a will).

The key difference between a lifetime gift and a deathbed gift is the donor’s state of mind. A deathbed gift is made when the donor is contemplating death, while a lifetime gift is made in the course of normal life, without the immediate expectation of death.

Who can contest a deathbed gift?

A deathbed gift can be contested by anyone who has an interest in the deceased’s estate or feels that they have been unfairly excluded from receiving a share of it. This may include family members, beneficiaries named in a will, or those who would inherit under intestacy laws (if there is no valid will).

Disputes over deathbed gifts often arise when the validity of the gift is questioned, either because the donor lacked the necessary mental capacity to make the gift or because the gift was made under duress or undue influence.

What are the grounds to contest a deathbed gift?

The main grounds on which a deathbed gift can be contested include:

1. Lack of mental capacity: If the donor did not have the mental capacity to make the gift at the time, it may be contested. This could be due to illness, dementia, or other factors that impaired the donor’s ability to understand the consequences of their actions.
2. Undue influence or duress: If the donor was pressured, coerced, or manipulated into making the gift, it may be contested on the grounds of undue influence.
3. Lack of contemplation of death: If the donor did not genuinely believe that they were about to die, the gift may not meet the legal requirements to be considered a valid donatio mortis causa.
4. Failure to meet the formalities: If the gift does not meet the necessary legal formalities, such as physical delivery, it may be contested.

What are the time limits for deathbed claims?

There are no strict time limits for challenging a deathbed gift, however, it is crucial to act quickly as the longer the delay in taking any necessary action, the more difficult it becomes to successfully challenge the gift.

It is also important to be aware of other time limits that may be relevant, which could have an impact on any action take in relation to deathbed gifts. For example, if you are challenging a deathbed gift as part of a claim under the Inheritance (Provision for Family and Dependants) Act 1975, you will have to comply with the relevant time limit for bringing a claim under this act (which is 6 months from the date of the Grant of Probate).

Therefore, if you have concerns about a deathbed gift, it is best to seek legal advice as soon as possible.

Conclusion

Deathbed gifts can lead to contentious probate disputes, particularly when the validity of the gift is in question. Understanding the requirements for a deathbed gift, the grounds on which they can be contested, and the time limits for making a claim is crucial for anyone involved in such matters. If you are considering contesting a deathbed gift, or if you are concerned about your own estate plan, it is highly recommended that you seek legal advice to ensure that your wishes are clear and your rights are protected.