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.
"'A strong regional practice', Nelsons Solicitors Limited handles a broad range of trusts and probate litigation, including claims under the Inheritance Act, will disputes and capacity issues.”Legal 500
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).