Gifting Case Study

Mental Capacity Assessment to Gift

Elizabeth was a 71 year old woman with a diagnosis of Alzheimer’s. She had been married twice and had four children from her first marriage. Elizabeth was wanting to make a gift of several hundred thousand pounds to one of her children to help them buy a house. Unfortunately, whilst three of Elizabeth’s children were happy with this decision, one of them was opposed to this and was alleging that, as a result of her Alzheimer’s, Elizabeth lacked the capacity to make a gift.

Following our assessment with Elizabeth it was clear that, despite her Alzheimer’s, Elizabeth had the necessary capacity to make the proposed gift. Our subsequent report was used as evidence in court and as a result Elizabeth was able to make the gift to her son that she wanted to.

If you need an assessment of your or a loved one’s capacity to gift, then please get in touch.