How ILA Safeguards You in Gifting and Inheritance Matters

At a Glance

ILA for inheritance matters protects donor interests, verifying their mental capacity for such decisions and

ensuring they’re free from undue influence or coercion. Independent legal advice can significantly reduce the risks

associated with future disputes and legal challenges. ILA provides expert advice that can safeguard both donor

and beneficiary interests

The Importance of Independent Legal Advice in Gifting and

Inheritance Matters

Inheritance and gifting matters involve gratuitous transfers, where one party gives away their assets for nothing

in return. The nature of these transactions means that they carry a high risk for future disputes, especially when

relationships change. 

This is where ILA for inheritance matters can make a difference and protect your interests. Whether you’re gifting

property to family or restructuring how your assets are passed on, ILA can help avoid potential inheritance disputes. 

With independent legal advice, you can make informed decisions and verify your mental capacity to proceed,

as well as confirm that you’re under no pressure while making inheritance and gifting decisions. This minimises the risk of beneficiaries, executors, and third parties challenging your decision or

bringing claims of undue influence or coercion.

In this article, we explore the importance of ILA for inheritance and how it protects you.

Why ILA Is Essential in Gifting and Inheritance Decisions

Most donors gift their property or estate in good faith, led by generosity and love for their family or beneficiaries.

However, it's important to understand that gifting and inheritance decisions can affect your financial security,

including your tax liabilities and eligibility for state-funded care.

ILA for inheritance matters is designed to help donors fully understand the rights they’re relinquishing when they

give away money or assets. Lenders often require ILA where an inheritance-related arrangement, transfer of equity,

or gifting property to family could affect security or ownership.

ILA can help avoid inheritance disputes and minimise claims questioning the validity of gifts or inheritances, as well

as protect the donor and beneficiaries involved in these transactions. 

How Independent Legal Advice Protects Against Future Disputes

One of the key advantages of ILA for inheritance and gifting matters is that it acts as a powerful shield against legal

challenges and future disputes. This is especially important given that these can often lead to contentious family

litigation. 

Independent legal advice is also one of the best ways to document that a donor made these decisions when they were fully aware, mentally

capable of understanding their implications, and without being coerced or misled. An ILA certificate also makes it

harder for disgruntled beneficiaries or heirs to bring claims under the

Inheritance (Provision for Family and Dependants) Act 1975.

The Role of ILA in Preventing Claims of Undue Influence or Coercion

Under UK laws, certain relationships carry a ‘presumption of undue influence’. For instance, a caregiver or family

member may coerce a vulnerable individual into gifting property to family, themselves or other beneficiaries.

This is a fairly common scenario when ageing parents or dependent individuals are involved, and there's one

dominant party overseeing their physical and financial affairs.

ILA for inheritance examines the donor’s motivations behind gifting to confirm these decisions are made voluntarily

of their own free will. This protects the beneficiary or recipient from claims of undue influence and coercion,

significantly reducing the risks of future legal challenges. 

What to Expect During an ILA Consultation for Gifting or Inheritance

You can access ILA for inheritance and gifting matters online via video call. Leading independent legal advice

providers like iLA offer digital ILA consultations through the week, including weekends for urgent matters, and specialise in all areas of property and finance. 

ILA consultations typically last 30 to 60 minutes and will involve verifying a donor’s ID and thoroughly examining gifting and inheritance documents. Experienced solicitors will explain all clauses in plain

English, so donors are fully aware of the financial and legal implications of such gifting.

When they’re satisfied that the donor has mental capacity and is making the gift or inheritance arrangements freely,

solicitors will then provide an ILA certificate.  

Choose iLA for Professional Legal Advice on All Inheritance and

Gifting Matters

If you’re looking for swift, tailored advice, backed by expertise and experience, iLA is your best choice.

We’re the UK’s leading independent legal advice providers, offering expertise in property and finance areas,

including specialist ILA for inheritance and gifting matters. 

We’ve got you covered, whether you need support with development finance and personal guarantees, mortgages, equity release, or transfer of equity. We offer you a fully digitalised process,

making our ILA convenient and accessible. 

You can easily book an appointment with us and arrange for an online video call consultation from the comfort

of your office or home. We offer a no-fuss, fully transparent pricing model based on your level of urgency, which is disclosed to you upfront.

Looking to receive clarity and protect yourself from unexpected liability? Call us today. 

The information in this blog is general in nature. It is not intended as legal or financial advice.

You should always obtain professional advice before making decisions based on your own circumstances.