Gift Applications

A deputy has the right to manage the money of a disabled person and spend it on their behalf, as long as what they are spending the money on is for the benefit of the disabled person. However, they do not have the right to make gifts of the disabled person’s money, other than small gifts for birthdays and Christmas etc.

So for example a deputy could not decide to give away £15,000 of the money belonging to a grandparent who has Alzheimer's to their grandchild, to help pay for a university education.

Sometimes, gifts like this can be a good idea, either because it would help the person with a disability to do some Inheritance Tax planning, or because it would be right to help look after their family and friends in that situation. 

Before such a gift can be made, the Court of Protection must give its permission. This involves making an application to Court setting out the financial position of the person with the disability, what their current state of health is and whether their financial needs might change substantially in the future. The application would also need to set out what the gift is that is being suggested, to whom it will be made and why. The Court will then decide whether the gift is approved or not.

Although you do not have to have a Solicitor to make the application for you, it can be very useful to do so. A Solicitor will make sure that your case is presented properly and all the arguments as to why it should happen are put forward in order to persuade the Court that the gift is a good idea. 

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We have dealt with making many gift applications in the past, such as the gift from a mother to her children of her rental properties, in order to minimise the Inheritance Tax that would be payable in the event of her death. If someone you know might be in a situation where a gift application would be appropriate.

If you would like to have a chat about your options or how we may be able to help you please contact a member of the team, complete our call back form or contact us directly at your local office.

Your Court Of Protection Team

Karen Pratt

Partner

Karen Stephanie Pratt is an equity partner and is head of the Court of Protection team. After being admitted as a solicitor in 1986, Karen became…

Sapna Tugby

Partner

Sapna previously worked as a mental health paralegal for Thaliwal Bridge solicitors, in Leicester. She obtained a LSC funded training contract, then worked…

Stephen Williams

Partner

Stephen Williams is the head of the Court of Protection health & welfare department and specialises in community care, health and welfare and mental capacity…

Helen Cruickshanks

Solicitor

Helen joined BHP Law in 2014 working within the Personal Injury team, progressing from paralegal to trainee solicitor and subsequently qualified Solicitor…

Simone Kent

Solicitor

Simone joined BHP Law in June 2016 during the course of her MLaw Exempting degree at Northumbria University. In the first semester of her final year,…

Melanie Morley

Solicitor

Law is Melanie’s second career, but over the last 18 years she has gained valuable experience working within the areas of construction, finance and…

Zoey Phillips

Solicitor

Zoey was admitted as a solicitor in 2021 after securing her masters degree in Law from Northumbria University. In 2017, Zoey worked at TLW Solicitors…

Andrew Wigmore

Solicitor

After being admitted as a solicitor in 2004, Andrew worked for a firm in Gateshead specialising in criminal law where he gained the Criminal Litigation…

Emma Wood

Paralegal

Emma qualified as a paralegal and completed her police station accreditation before joining BHP Law’s Court of Protection team. …

Lisa Clark

Trainee Legal Executive

Lisa began her legal career with BHP Law in November 2003 when she joined the personal injury department in a secretarial/support role to assist three…

Ruby Knapton

Trainee Legal Executive

Ruby began working at BHP Law in 2017 as an admin assistant in residential conveyancing. She quickly became fascinated by the legal profession and knew…

Abi McDowell

Trainee Legal Executive

Abi studied law at A-Level and went on to successfully complete an apprenticeship in Business Administration. She joined BHP in 2018 as a secretary in…

Ellie Phillips

Apprentice Solicitor

Ellie joined us in September 2020 as an apprentice solicitor in our Court of Protection team, alongside studying at Northumbria University one day per…

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