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Wills and Gifts on Behalf of Another

There is no general rule that attorneys or deputies can make gifts on behalf of the person they look after, except in very limited circumstances.

Sometimes there is a wish to make a substantial gift, or to make changes to a Will, which the person concerned cannot do for themselves.  What can be done?

Our team is experienced in considering, advising on and making applications to the Court for gifts or Wills to be made, or all manner of other matters concerning the affairs of someone who lacks capacity.  We have assisted in such matters as:

  • Making and changing Wills for someone who lacks capacity, such as:
    • where the Crown would otherwise inherit because there is no family;
    • where the ‘wrong people’ inherit; or
    • where provision needs to be made for an unmarried partner;
  • Lifetime Gifts to family members and loved ones;
  • Giving up all or part of an inheritance in favour of other family members;
  • Applications to ensure that gifts of property made by a Will doesn’t fail when that property is sold

Each application involves complex legal principles, but most importantly acting in the best interests of the person concerned.

Call Damian Lines for an initial discussion about how we can help you act in the best interests of your loved one, and achieve the result that they – and you – would want.

Direct lawyer contact

All clients are assigned a fully-qualified lawyer who is your main point of contact.

Free First Consultation

We do not charge for an initial consultation

No hidden costs

All fees are communicated upfront. We seek approval if any additional costs arise.