In general, a gift is a disposition made during life or through a testamentary document such as a will. Gifts are often provided to meet specific intentions of the testator. When an estate is distributed, beneficiaries may disagree about the ownership of the gift. At Walsh LLP, based in Calgary, our estate litigation lawyers can represent you in litigation to challenge a gift.
Determining The Nature Of A Gift
When an individual makes a gift of property to a spouse or child during life, the intent may be to leave that asset outside of the will to save on estate taxes and fees. However, legally, it also may not actually be a valid gift to that person. The person giving the gift may have wanted the recipient to ultimately share the asset with other people: for example, a gift of a home to one child may be intended to be shared by all of the children. If the testator passes away and that child does not share the asset, the gift may be vulnerable to challenge by other children who claim it was held in trust for them. Much depends upon the circumstances of each case, to determine the legal effect of gifts.
Many other scenarios may give rise to disputes over gifts. The Wills and Succession Act also has a potential to impact divorce or separation proceedings. As a full-service law firm, our lawyers at Walsh LLP work collaboratively with the lawyers in our family law practice group to provide comprehensive advice and representation in such situations. Regardless of the nature of your estate litigation issue, we can help.
Lawyers To Contest A Gift In Okotoks And Throughout Southern Alberta
Upon meeting you in a consultation about your concerns, our lawyers can discuss with you the range of legal options available to challenge a gift.
To schedule a meeting with one of our lawyers to challenge a gift in Calgary or Okotoks, contact us online or call 403-267-8400 locally, 800-304-3574 toll free.