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Can you contest a life time gift?

29 replies

autismsucks · 22/07/2017 23:14

DH's parents recently gifted their house to dh's brother's wife excluding DH and his sisters. The house was transferred in DH's brother's wife name and we were not informed. We have been told that one of his sisters wanted her share, but was refused. One sister did not want anything and the other sister was not told like us. There has been a long history of disputes between us and DH's parents. Basically I never got along with them as I refused to become a slave for them (cook, clean and look after them). They are very traditional Asian family, didn't like me working or like DH and I moving away or buying our own home. But DH's brother's wife did exactly what they wanted her to do and lived in a house next to them. To be honest, DH's job involves us moving around a lot and we could not have lived with them even if we wanted.

To cut the long story short, one of DH's sister is getting divorced, lost her job and is depressed. We have been financially helping her including paying for her treatment. We also have a disabled child, so we can not continue to help her indefinitely. Is there anyway we can contest the transfer of the house to DH's brother's wife name so that we can make sure DH's sister gets some money?

Also, DH's brother has helped the parents financially.

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autismsucks · 23/07/2017 09:42

Thank you for making the legal position clear. It was a thought going through DH's head. I will show him this thread and tell him to try to draw a line. As to DH's sister making a claim against our estate, we need to think about it too. But we won't be able to live with ourselves if we just let her die and do nothing.

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Lucysky2017 · 24/07/2017 18:38

The act does NOT apply to life time gifts I am afraid.

After death if a will leaves assets in a way which leaves a child or spouse without support - you usually need to be a dependant - ulikely that you are - then it would not apply either. Basically suck up to parents in law or pay the price. You chose to pay the price. I don't blame you but the UK unlike many other countries including France does allow people to decide who will inherit. I suspect what your husband has lost financially is not worth anything like the personal freedom he has achieved by moviung away so just make the best of it - go out there and earn a load of money which puts any inheritance from in laws into the shade. Works for me!

Why did you have to pay for medical treatment? Surely it's free through the NHS?

Also often is pays to ensure a disabled child does not inherit perversely in English law so that they remain entitled to state benefits - it is definitely worth speaking to a solicitor before you make your own will to ensure that is adequately and correctly covered.

autismsucks · 24/07/2017 19:22

Luckysky2017, thank you so much for your reply. I have enjoyed the freedom of moving away and would not trade it for anything else. But obviously DH feels he has been disowned, I can't stop him feeling the way he feels. I think it was the initial anger in him. Recently, DH's parents asked for money to do repair works in the house, I am not sure what they were trying to achieve since the house transfer had already taken place. DH feels his parents tried to scam him!!!

We had to pay for treatment because DH's sister lives in one of the European countries where there is no free health care. It was an emergency situation.

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autismsucks · 24/07/2017 19:25

And thank you for the advice regarding our child. We have been thinking about seeing a solicitor for a while. I must hurry up with booking that appointment.

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