Legal News

No Going Back on Gift Freely Made

A recent case decided by the Scottish Courts shows the wisdom of not making irrevocable decisions that you may later come to regret.

It involved a woman who gifted her house to her daughter and son-in-law, retaining a tenancy for life over the property. The couple had lived with her, selling their own house when the son-in-law lost his job. The gift of the title to the property was made about a year later and the new ownership was registered at the Land Registry.

As so often happens in such arrangements, the woman and the couple fell out. Three years after the transfer, she moved out of the house and went to live with another daughter. She then wished to recover the title to the house.

Her argument was that the couple had used undue influence to persuade her to make the gift. However, in the absence of compelling evidence of this, the Court of Session rejected the claim.

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    If you are considering such an arrangement or wish to make a significant gift to a member of your family, it is always wise to take independent legal advice.

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