2 Generations

Trust Disputes

Gifts before and after death

Has there been a large gift of money or property in odd circumstances?  Has a person been registered as the owner of property they did not pay for?  Is that person now claiming to own that property?  Has property been transferred out of an estate to avoid a fair division of the estate?

A person has a right to give their property or money to whomever they wish.  However, when a person makes an uncharacteristic gift of money or property in odd circumstances (such as when a person is suffering from a mental disability), a court may order the money be given back.  In addition, if property has been transferred to avoid a debt or duty to others then the court can reverse those transfers.

Legatum can assist you with determining the circumstances around a gift and whether a court would order the money be returned or not.