Deed of Gift Backdating


Hello,

A relative left me an inheritancein the form of cash and I was asked by the executor to provide a deed of giftinthe form of percentage share to him for the work he did. However, hebackdated the deed. Can a deed of gift be backdated? E.g., the template wasemailed to me by the executor’s assistant on June 1 asking me to sign it but itwas backdated to November 1 the previous year (in order for the recipient togain certain benefits). I did sign the deed because I was under coercion andthreat communicated verbally to me or call it naivety/ignorance but now I am challengingits validity.

I did not hire a lawyer by that time.

Again, can a deed of gift be backdated?and can I challenge it now?

Replies

  • jonesMUFCforeverjonesMUFCforever Forumite
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    Was he working for you or for the estate?
  • edited 29 September 2014 at 11:07AM
    dzug1dzug1 Forumite
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    edited 29 September 2014 at 11:07AM
    Who witnessed the deed? It's not valid if not properly witnessed by two independent witnesses who both saw you sign it.


    Not sure about backdating - though I can't see any reason why the effects of it if not the actual document cannot be backdated


    What were these 'threats'? Any witnesses to them?


    And just to be clear are we talking about a deed of variation or deed of gift?




    Edit - I'm not really clear as to whom the gift was - the executor? And was he a lay executor or a solicitor? Ditto the executor's assistant?


    This may be a way of getting round an (arguably) badly drafted will that didn't say the executor could be paid for his services
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