Dealing with bequests that arose from negligence
When someone dies, disputes regarding lifetime transfers of assets can arise. A personal representative has a duty to investigate suspicious transactions and the value to do so can give rise to claims of negligence and breach of duty.
Examples of lifetime transfers which may be open to challenge include transfers of property following the application of undue influence on the deceased by a third party.
By way of illustration, threatening to withdraw care from an elderly person unless they agree to transfer their property to someone during their lifetime would potentially be open to challenge. If someone obtains a gift of cash by taking advantage of the deceased who was suffering from a mental condition could also potentially be open to challenge.
If you require further information as to how we may help you resolve your dispute or to bring or defend a claim please click here to email us and provide brief details of your problem and we will contact you to discuss whether we can help you and, if so, how.