Lifetime gift decisions · England and Wales
Capacity to make lifetime gifts
Does the person have the mental capacity to decide whether to make this particular gift?
A lifetime gift might be a modest present or the transfer of a home or substantial savings. We assess the proposed gift in its actual context: what would be given, who would receive it and what the consequences would be for the person giving it.
We look at the actual arrangement and its place in the person’s circumstances. A modest present is not the same proposal as giving away a home or most of someone’s savings. Generosity, family disagreement or a decision others dislike does not, on its own, establish incapacity.
Assessments for families and professional referrers across England and Wales.
Be clear about the gift
Please describe the gift, its value and the person’s wider financial circumstances. The level of understanding required depends on the nature and effect of the transaction. We distinguish an outright gift from a loan or conditional arrangement, and agree the applicable question before the assessment.
A substantial transfer
The person needs relevant information about what they would give up, what would remain and the consequences for their own needs. The significance of the gift depends on their circumstances, not its price alone.
Family disagreement or pressure
We consider the person’s intentions and relevant accounts from others, keeping their sources clear. A capacity assessment does not decide an undue-influence dispute or prove that a gift is free from pressure.
Someone acting on their behalf
An attorney or deputy’s power to make a gift is a separate issue. An assessment of the person’s capacity does not authorise the representative to give away assets or replace any required court permission.
Understanding what is being given away
The right question and legal framework
We agree the precise gift and question before instruction, involving the solicitor where legal clarification is needed. The nature and significance of the gift affect the information and understanding that must be considered; an opinion about everyday money management is not a substitute. Lifetime gifts also involve common-law capacity principles, so the legal framework must fit the gift and the purpose of the report.
Support and evidence
We explore how the person understands and weighs the relevant information, with appropriate explanation and communication support. We consider their abilities at the relevant time and distinguish decision-making difficulties from disagreement with their choice.
A reasoned report
The report identifies the proposed gift, records and information considered, support provided and reasons for our opinion. It explains limitations and separately records relevant concerns about pressure. A second qualified professional peer reviews it before secure delivery.
- The asset or money involved, its approximate value and the intended recipient.
- Whether the transfer is outright or subject to conditions, and any relevant recovery terms explained by the solicitor.
- The gift’s size in relation to the person’s wider assets.
- What would remain to meet their own living costs, care and other foreseeable needs.
- Relevant consequences for dependants or others with a claim on their consideration.
- The reasons for this gift and recipient, and alternatives including a smaller gift or not proceeding.
- Any relevant relationship with their existing will or other arrangements.
How to arrange the assessment
Explain the proposed gift
Tell us what is being given, to whom, why capacity is in question and who needs the report. Mention any signing deadline or court involvement.
Agree the scope
We clarify the legal question, relevant documents, fee and timetable. A disputed past gift requires a different, retrospective instruction.
Discuss the decision
The assessor meets the person with appropriate support and considers the relevant evidence. We agree the format and setting before the appointment.
Receive the report
The independent opinion is peer reviewed and delivered securely. If the evidence does not support a clear conclusion, its limits are explained. The person paying for the work cannot choose the finding.
Information about the proposal and the person’s needs
Start with the decision, who needs the report and any deadline. We will explain which documents would help and how to share them securely. Please use the general enquiry form for a short summary; medical, legal and financial records should be sent through the secure route agreed with our team.
- A clear description of the asset, amount, recipient and proposed transfer documents.
- Any solicitor’s explanation of the arrangement and the question to be assessed.
- Relevant information about the person’s wider assets, commitments and foreseeable needs.
- Any relevant will, LPA, deputyship order or trust documents.
- The person’s stated reasons and separate accounts of who suggested or arranged the gift.
- Relevant medical information, earlier assessments and observations of decision-making.
- Communication needs, any concern about pressure and the intended date of the gift.
Fees and report scope
The standard fee is £720 including VAT for the agreed gift-capacity assessment and written report. Relevant-record review, peer review and secure delivery are included. A retrospective assessment, additional decision or court-directed report needs a separate agreed scope and quotation.
Capacity to make a lifetime gift assessment
£720 including VAT
£600 net + £120 VAT
One assessment and written report on the agreed gift decision, including relevant-record review, peer review and secure delivery. Retrospective opinions and court-specific work are quoted separately.
Mental capacity assessment reports are delivered within five working days of the completed assessment. Appointment dates are arranged through our reception and client liaison team.
Questions about gift assessments
Is this the same as capacity to manage finances?
No. Managing finances generally and deciding to make a particular gift are different questions. The assessment needs to address the proposed gift and its consequences.
Does a large gift automatically mean someone lacks capacity?
No. Size alone does not determine capacity. We consider the actual gift, the person’s wider circumstances and the understanding relevant to that decision.
Will you say whether the gift is fair to the family?
That is not the capacity assessment. Relevant consequences for others may need to be understood, but the assessor does not substitute their own view of a fair distribution.
Does a report give an attorney permission to make the gift?
No. The representative’s authority and any need for Court of Protection permission are separate matters. Capacity evidence does not enlarge those powers.
Can you assess a gift made some time ago?
A past gift needs a separately scoped retrospective opinion based on evidence from the relevant time. A present-day assessment cannot simply be applied backwards.
Will the report prevent a challenge to the gift?
No. It supplies evidence on the agreed capacity question. It cannot guarantee legal validity, resolve every concern about influence or prevent a later challenge.
Sources and related assessments
These sources explain the assessment framework. The precise question and any legal or court requirements are agreed for the instruction.