HOW TO DISCLAIM A GIFT AGREEMENT?

It would seem that the right of a person to dispose of his own property is unshakable. However, there are often situations when a person is encouraged to dispose of property in one way or another by various manipulations, psychological pressure, or other similar methods. Or they use her psychologically vulnerable state. This is especially true when it comes to gift deeds. In this case, it is quite logical to have the right to appeal the donation. Therefore, you should find out more about who can appeal a donation and in what situations this is possible.

Subjects of the appeal of the donation

So, among those people who can challenge the donation agreement, there are:

• direct heirs, regardless of whether we are talking about inheritance by law or will;
• one of the spouses whose property right is affected by the issued deed of gift;
• other persons whose rights are violated by the donation agreement.

Given this, even after the death of the donor, the deed of gift can be appealed when it comes to the rights of heirs.

When can I appeal a gift deed?

The grounds for such an appeal may be that:

• at the time of the conclusion of the contract, the donor was in difficult circumstances that prevented him from resolving the issue with his obligations in any other way;
• by the time the contract was signed, the donor could not be fully aware of his actions and responsible for them (for example, the person was in an exacerbation of a mental disorder and an altered state of consciousness);
• the contract was signed by deceit (for example, the donor expected and agreed on life maintenance in exchange for an apartment or house, and he was deceived and prompted to sign a regular notarized deed of gift);
• by the time the contract was signed, there was a court decision, according to which the legal capacity of the donor was limited.

Another reason may be that the donor did not sign such an agreement. This argument should be used when you know for sure the fact of fraud and forgery of documents.

Evidence base for appeal

In order to effectively appeal against a deed of gift, you can use as an evidence base in your favor:

• Witness testimony regarding the specific behavior of the donor in recent times, which could indicate his mental disorder. Indeed, it sometimes happens that people live with actual but undiagnosed disorders, or have certain problems that do not affect their ability to function in many ways in most situations, but change their behavior and make them more vulnerable during periods of exacerbation.
• Psychiatric examination and other medical records. This is a fairly convincing argument for the court.
• The contested donation agreement itself, as well as evidence that your rights have been violated.

Professional legal assistance in such cases is essential. Even when the plaintiff tries to understand the legislation on his own, the assistance of professionals with experience in accompanying such categories of cases is needed. A good lawyer has knowledge not only of the legal norms, but also of their actual application in practice and most of the pitfalls that can befall in this process. Such legal support greatly increases the chances of winning the case and becomes the key to the psychological comfort of the plaintiff, who seeks to challenge the donation.