Promises and Gifts Before Death.

When Verbal Promises Lead to Disputes.

It’s not unusual for people to make verbal promises or informal arrangements before they die—whether that’s assuring a loved one they’ll inherit the family home, a business share, or a treasured possession. 

But when the Will – or intestacy rules – fail to reflect those assurances, disputes can arise that feel deeply unfair and emotionally charged.

At Vault Private Client, we advise individuals on their rights in these situations, helping to resolve disagreements with care and clarity. One common legal route is proprietary estoppel, which may apply if you were promised something, relied on that promise to your detriment, and now face loss because it wasn’t fulfilled. This often arises in:

  • Family farming disputes 
  • Promises of property or land inheritance 
  • Informal arrangements in family businesses 

To bring a proprietary estoppel claim, you typically must prove:

  • A clear and specific promise was made 
  • You reasonably relied on that promise 
  • You suffered a significant disadvantage as a result 

Our team can assess whether you have a strong legal claim or whether you need to defend one. We approach every case strategically but with the empathy needed in family-related disputes.

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Understanding Deathbed Gift Claims.

Another legal issue that can arise is the donatio mortis causa – commonly known as a deathbed gift. This rare legal principle allows certain gifts made in contemplation of death to take effect even if they’re not mentioned in a will.

To be valid, a deathbed gift must meet strict conditions:

  • It must be made while the person genuinely believes they are close to death
  • The item or control of it must be physically handed over
  • The gift only becomes effective if the person dies from the anticipated cause

Because of the high burden of proof and the risk of fraud or misunderstanding, these claims are often disputed. At Vault Private Client, we guide clients through these complex legal principles, advising either the person claiming the gift or those defending an estate from such a claim.

We work to resolve matters proportionately and, where possible, without court intervention. But if litigation is necessary, our experienced team will advocate robustly on your behalf to protect your legal and financial interests.

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THE BEST IN THE BUSINESS.

Our Private Client solicitors have specialist expertise in handling disputes over promises, gifts and inheritance expectations with sensitivity and clarity.

Russell Kaminski

Partner and Head of Private Client

Lucy Cresswell

Associate

Alison Rocca

Partner

Jason Stanley

Partner

Holly Greensmith

Solicitor

Matt Fleetwood

Group Chief Executive & Founder

Mark Dawson

Group Managing Director

Amanda McAlister

Head of Group Consumer Brands


TESTIMONIALS

  • "Thank you for your very kind email, I can now have closure and move forward. Thank you so much for always showing compassion, professionalism and kindness. You have made dealing with my aunt's estate easier for me. Wishing you all the very best for the future."

    Probate Client
  • "Lucy and Russell are brilliant. They had helped my family and were very easy going. We felt no pressure whatsoever and they are highly knowledgeable. Thank you.”

    Probate Client
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    Legal 500 2024

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Because we are here to help you.

Need advice on inheritance, promises or gifts made before death? Our expert solicitors are here to help.

Lucy Cresswell and Russell Kaminski walk together outside.

"Good afternoon Lucy, thank you so much for helping make this process seamless…I have received the document, I am very relieved it is all sorted. I hope work is kind to you."

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