Deathbed gifts cover gifts made by someone in contemplation of death with the intention of passing assets to another person before death. In England, this area sits at the intersection of wills, lifetime settlements and the law of property, and may be affected by issues of capacity, undue influence and potential clawback rules under the Inheritance Tax regime. A solicitor practising in this area drafts or reviews declarations of gift, ensures valid execution, checks for contemporaneous documentation, and advises executors and trustees on the best way to protect the client’s interests and avoid later disputes.
What a solicitor handles in these matters
A solicitor handles the draft and execution of gifts in contemplation of death, checks capacity and potential undue influence, scrutinises any related wills or lifetime trusts, and considers implications for tax and succession. They guide the client through formalities, preserve evidence of the donor’s intention, and address possible challenges from executors or disappointed beneficiaries.
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