Can a Will be challenged due to dementia or Alzheimer’s? Understanding the legal position
A guide to testamentary capacity, common grounds for challenge and the factors that can influence the validity of a Will.
Financial Abuse — Lifetime Gifts & Transactions
Our expert solicitors deal with challenges against lifetime gifts or transactions that may be a result of financial abuse.
Many people are assisted with their finances by others, such as family or friends. Usually, this arises with age or where a person is struggling physically or mentally to manage their affairs as a result of an injury or medical condition.
While such assistance can be informal, it’s often undertaken by attorneys or deputies that have been appointed formally by the person needing help (or by the court). Sadly, this can make people vulnerable to exploitation — and with two in five British adults (Aviva, 2023) experiencing financial or economic abuse, this happens more often than you might think.
Financial abuse often involves a trusted person treating another’s money as if it’s their own. This can range from using their bank card to transferring large sums of money (or even property) for the benefit of themselves or people connected to them. One form of financial abuse is known as predatory marriage.
If you have questions or concerns about whether someone’s finances are being handled properly or resources are being used for other means, it’s important to seek advice. Our experienced financial abuse solicitors are often asked to advise in circumstances where suspicions have been aroused — either during the lifetime of the alleged victim or after they’ve passed away. While this can prove to be unintentional mishandling or mismanagement, more serious cases can involve the intentional misuse of a person’s finances.
Read our FAQs below to find out more about financial abuse, including financial abuse of the elderly and what a lifetime gift is.
Contact our experts now by completing our contact form. A member of our team will get in touch with you to discuss your enquiry.
You can also call us on 0333 004 4488 or send us an email at inheritance@brabners.com.
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The signs, symptoms and indicators of financial abuse
According to Age UK, financial abuse is the “mistreatment of someone in terms of their money or assets, such as their property”. This includes situations where monies are being stolen, misused or access to assets are being restricted.
While financial abuse can take many forms, it often arises where the victim is being assisted with aspects of daily living, such as shopping or care services.
The most obvious signs to look out for are:
- unusual or unexplained bank transactions
- frequent cash withdrawals
- bank accounts and money being restricted or new authorised signatories
- sudden or unexpected changes to a Will or Lasting Power of Attorney
- large, unexplained gifts
- isolation from family members and friends
- change in living conditions and behaviour, particularly in relation to money
- increase in gifts or money to a particular individual or group of people.
How to prove financial abuse
It can be difficult to prove financial abuse — particularly where the abuser has legitimate access to a victim’s assets. For example, where they are an account signatory or have authority under a Lasting Power of Attorney.
Since the ‘abuser’ is usually someone in a position of trust — such as a family member, ‘friend’ or carer — financial abuse can be difficult to identify.
In most cases where financial abuse is suspected, a report would usually be made to the police and bank (if appropriate) so that investigations can be carried out. It may also be necessary to make a report to Social Services and the Office of the Public Guardian where the abuser is acting under a Lasting Power of Attorney or Deputyship Order.
It’s easier to obtain proof of the abuse where the victim remains living, as (for example) they’ll be able to provide direct evidence regarding any unauthorised or suspicious transactions. This may include obtaining bank statements and witness statements.
Where a victim has died, things can become complicated due to strict data protection and disclosure rules, which can be difficult to navigate.
We have expertise in investigating and dealing with allegations of financial abuse.
How we can help with financial abuse challenges
Our team is experienced in dealing with financial abuse challenges in relation to lifetime gifts or transactions undertaken by attorneys, deputies, friends or family.
We work with all types of vulnerable people, their families and those appointed to represent them to ensure that any financial abuse or mishandling of their finances is addressed.
This includes high-net worth and ultra-high-net-worth families in relation to estates across the North West and wider England and Wales.
In matters that can involve vulnerable people or family members — especially when they relate to cases of financial abuse — we understand the paramount importance of close support, coupled with expert legal and practical advice.
Our solicitors are deeply experienced in understanding financial abuse, including in advising on removal of deputies and attorneys. At every step, we’ll support you and fight your corner — with the aim of achieving the best possible outcome.
Case Highlights
Financial abuse
Acting for a number of high-profile regional charities (including North West Cancer Research) in relation to a variety of contentious probate matters, including Will construction, validity challenges and Court of Protection proceedings.
Financial abuse
Acting as court-appointed independent administrator of a multi-million-pound estate with international assets. High Court proceedings have been issued to determine whether a significant lifetime gift made by the deceased to one of their two daughters was valid, due to alleged undue influence and lack of capacity.
Talented, experienced litigators in financial abuse
Our expertise in financial abuse is led by “talented litigator” Nicola Turner — a full member of the Association of Contentious Trust and Probate Solicitors held in high regard by fellow professionals and The Legal 500. She’s described by a fellow legal professional as someone “whose judgement sets her apart” and has been instructed to represent barristers and partners in other law firms in their personal capacities.
The team also includes widely-recognised 'Associate to Watch' Danielle Pawson, Solicitor Georgina Vokes and Paralegal Lucy Baines.
Our team was proud to win Dispute Resolution Firm of the Year at The Legal 500 Northern Powerhouse Awards 2026.
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