03/06/2026
⚖️ Can gifts made before death be challenged? Here’s what you need to know…
Did you know that the law can step in when someone deliberately reduces their estate before they pass away?
Under the Inheritance (Provision for Family and Dependants) Act 1975, the courts have the power to ensure reasonable financial provision for certain family members and dependants. But problems can arise where assets are given away before death—leaving very little for a claim.
✅ The good news: there are powerful legal remedies available.
Courts can “claw back” assets into a notional estate if they were transferred to avoid a claim.
Key points:
• Gifts or transfers made to defeat a claim may be challenged (especially within 6 years of death).
• Even jointly owned property can sometimes be brought back into account.
• Certain agreements to leave assets by Will can also be scrutinised.
💡 There’s also a strong alternative route under the Insolvency Act 1986 (section 423):
• No strict 6-year limit
• A wider test (focusing on “purpose” rather than strict intention)
• Broader remedies—potentially restoring assets entirely
🔍 Bottom line:
If assets have been given away before death, it doesn’t necessarily mean a claim is lost. The courts have robust powers to ensure fairness.
📩 If you’re dealing with a potential claim or concerned about pre-death asset transfers, speak to Richard Ennis, a specialist in contentious probate, to explore your options and protect your position.
