Promises and Gifts Before Death

In the final stages of life, individuals may express heartfelt wishes or make spontaneous gestures—such as promising money, gifting treasured possessions, or offering property to loved ones. While these acts are often rooted in affection and goodwill, their legal standing can become complex, especially when disputes arise after death.

At Blackstone Solicitors, we guide clients through the nuances of deathbed gifts and oral promises, helping protect legacies and resolve conflicts with clarity and compassion.

At Blackstone, we always aim to provide the best service possible. Meticulous in our approach, we will make sure everything is dealt with as you wish and will keep you updated throughout the legal process, ensuring that you always know of any developments.

“Very efficient and friendly service. Everything explained clearly.”

– Patricia Lewis

What Is a Deathbed Gift?

A deathbed gift—or donatio mortis causa—is a unique legal concept that permits certain gifts to take effect upon death, without the formality of a will. For a gift to qualify under this doctrine, it must meet three strict criteria:

Made in contemplation of imminent death: The donor must believe death is near and intend the gift to be effective only if they pass away.
Conditional upon death: The gift is not absolute—it only takes effect if the donor dies from the contemplated cause.
Delivery of the gift (or its control): The donor must hand over the item, its keys, deeds, or control to the recipient during their lifetime.

Examples include handing over keys to a safety deposit box or title deeds to a house with the expressed intention that the recipient inherit it upon death. These cases are rare and must be treated cautiously by executors.

Enforcing Promises Made Before Death

Promises made verbally in the lead-up to death—such as “I’ll leave you the house” or “You’ll get £10,000 when I’m gone”—do not carry legal weight unless properly recorded in a will or supported by enforceable legal agreements.

However, certain claims can arise in equity:

Proprietary estoppel: Where someone relied on a promise to their detriment—e.g., investing time or money in a property based on assurance they’d inherit it.
Constructive trusts: In some cases, courts may find that a person holds property on trust for another if there was a binding understanding between them.

These claims are complex and often emotionally charged, demanding sensitive yet firm legal handling.

Resolving Disputes

Disputes over gifts or promises before death can strain family relationships and delay the administration of estates. Executors should approach such claims with professional legal advice, preserving neutrality while ensuring their duties are upheld.

At Blackstone Solicitors, we assist:

Executors facing contested claims
Beneficiaries defending their entitlement
Claimants seeking rightful recognition of deathbed promises or contributions

We offer strategic support, from evidential assessments to resolution by negotiation or litigation.

A Note on Preparation

To avoid uncertainty and prevent conflict, we recommend that clients formalise their intentions through valid wills and clear written records. Thoughtful estate planning is the surest way to honour one’s wishes and protect loved ones.

Our Approach

We place huge emphasis on getting things done properly and efficiently. This is especially true when providing legal advice concerning promises and gifts before death and we have vast experience of this area of law. We take all of the necessary provisions to protect you, your family and your estate ensuring they are properly set out, fulfilling every aim and objective whatever your requirements may be.

Our Services

We can provide help with a wide range of matters relating to wills and inheritance disputes, including:

Get in Touch

Contact us today to discuss any matter relating to promises or gifts before death. We can talk about your situation in-depth and get to the bottom of what you need and how we can help. We are here to answer any questions which you have, and we aim to make everything as simple for you as possible.

Our team is approachable and professional, and we will do everything in our power to help you get the outcome you need. Call us on 0330 808 0801 or, if you would prefer us to contact you, leave your details via our online enquiry form.

We offer our services to clients in Manchester, Chester, Cheshire and throughout the rest of the UK. We also have an office in London.