Fraudulent Wills

What constitutes a fraudulent Will?

A fraudulent Will is one that has been created or altered through deception, forgery, or other illegal means. If a Will is proven to be fraudulent or forged, it will not be legally valid. Common examples of fraudulent Wills include:

• Forged signatures – The deceased’s signature has been falsified
• Invalid witnessing – A Will not signed in the presence of the required witnesses
• Deception – A Will the deceased signed without knowing it was a Will
• Destruction – A Will that has been deliberately destroyed so that relatives inherit under intestacy rules
• Alterations – Unauthorised changes made to the Will after it was signed
• Substituted pages – Parts of the Will replaced with different terms

How we can help with fraudulent Will disputes

At Nelsons, we have extensive experience in handling complex inheritance disputes across Derby, Leicester, and Nottingham. Our specialist team provides comprehensive support for those concerned about fraudulent Wills.

Expert case assessment

We begin by thoroughly reviewing the circumstances surrounding the Will, examining the evidence for potential fraud, and advising you on the strength of your case. Our solicitors understand the legal requirements for proving fraud and can quickly identify the key issues in your situation.

Evidence gathering and expert witnesses

Proving fraud requires robust evidence and often specialist testimony. We work with leading handwriting experts, medical professionals, and other specialists to build a compelling case. Our team coordinates witness statements and ensures all evidence is properly preserved and presented.

Court proceedings and representation

If court action becomes necessary, our experienced litigation solicitors will represent you throughout the process. We handle all aspects of the legal proceedings, from filing initial claims to presenting your case in court, ensuring your interests are protected at every stage.

Why choose Nelsons for fraudulent Will disputes?

• 

  Specialist expertise – Our inheritance dispute team includes members of The Association of Contentious Trust and Probate Specialists (ACTAPS), demonstrating our specialist knowledge in this complex area of law. We focus exclusively on inheritance disputes and have the expertise to handle even the most challenging cases.

• Recognised excellence – Our team is recommended by the independently researched Legal 500 as one of the top teams of specialists in the country. This recognition reflects our commitment to delivering exceptional legal services and achieving successful outcomes for our clients.
• Comprehensive support – We understand that inheritance disputes can be emotionally challenging. Our solicitors provide not just legal expertise but also the support and guidance you need during this difficult time. We keep you informed throughout the process and ensure you understand your options at every stage.

Proving fraudulent Wills – The legal process

Proving that a Will is fraudulent can be challenging, as fraud is a serious allegation requiring a high standard of proof. Our experienced solicitors understand exactly what evidence is needed and how to present it effectively.

Standards of proof

Courts require clear and convincing evidence of fraud. This typically includes:

• Expert handwriting analysis comparing signatures
• Witness testimony about the Will’s execution
• Medical evidence about the deceased’s capacity at the time of signing
• Documentation showing the circumstances surrounding the Will’s creation

Working with experts

Claims must usually be supported by specialist evidence. We instruct leading handwriting experts who can provide detailed analysis of signatures and other written elements. Where necessary, we also work with medical experts to establish the deceased’s mental state at the time of signing.

Witness evidence

Witnesses to the Will’s execution may need to give evidence about what they observed. Our solicitors are skilled in taking witness statements and preparing witnesses for court appearances, ensuring their testimony supports your case effectively.

What happens if fraud is proven?

If a Will is successfully challenged and proven to be fraudulent, the court will declare it invalid. This means:

• The fraudulent Will has no legal effect
• The deceased’s estate will be distributed according to a previous valid Will if one exists
• If no previous Will exists, the estate will be distributed according to intestacy rules
• Those responsible for the fraud may face criminal charges

Contact our fraudulent Will specialists

If you are concerned that a Will is fraudulent, our expert team of inheritance dispute solicitors in Derby, Leicester and Nottingham are ready to discuss your situation with you.

Our team specialises in these types of disputes and has the expertise to handle even the most complex cases. We provide clear, practical advice tailored to your circumstances and work tirelessly to protect your inheritance rights.

To discuss how our specialist team of solicitors might be able to assist you, please call 0800 024 1976 or contact us via our online enquiry form.