Proving that a will is fraudulent
If you have suspicions that a loved one’s Will is fraudulent, it can be a difficult and upsetting situation and can be hard to prove.
What constitutes fraud
If a Will is fraudulent or forged, it will not be valid. Examples of fraudulent wills include:
- A forged signature
- A Will not signed in the presence of the witnesses
- A Will the deceased signed without knowing it was a will
- A Will that has been destroyed so that relatives inherit under intestacy rules.
Proving will fraud
Proving that a Will is fraudulent can be difficult. Fraud is a serious allegation and a high standard of proof is required.
Claims must usually be supported by a handwriting expert, and the witnesses may need to give evidence about the Will’s execution.
There is no time limit to dispute a fraudulent Will, however it is advisable to obtain legal advice as soon as possible to prevent the assets being distributed according to the fraudulent Will.
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If you are concerned that a Will is fraudulent, Nelsons has a team of solicitors who specialise in such claims and are happy to discuss your situation. Our team includes members of the Association of Contentious Trust and Probate Specialists (ACTAPS).