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JGM, Solicitor
Category: Law
Satisfied Customers: 12188
Experience:  30 years as a practising solicitor.
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My aunt is 80 & has two children. She downsized her

Customer Question

Hello. My aunt is 80 & has two children. She downsized her property recently and gave a cash gift to only one of her children. How can we legally make sure her other child receives his fair share of her estate when she dies? Can it be pin pointed in her will that her child who did not receive a cash gift gets 80% for example of her estate when she dies?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The aunt can provide for this in her will in order to redress any imbalance. But if she doesn't want to she doesn't have to and there is nothing can be done about this. A person is allowed to do what they want with their estate when they are alive. In the absence of a will to the contrary, this is irrelevant to the distribution of their estate after they die.
So the child who didn't get the lifetime gift can't insist on the imbalance being corrected from the deceased's estate unless the deceased has provided for this in the will.
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