Fraudulent wills are documents that have been deliberately forged or manipulated to reflect false intentions of a deceased person. They can lead to disputes among family members, legal complications, and can often cause distress during an already emotional time. Several methods are employed by perpetrators to alter, forge, or coerce individuals into signing a will, with the intent of securing a larger inheritance or changing beneficiaries.
Common signs of a fraudulent will
One of the most obvious signs is a signature that seems unusual or inconsistent with previous known signatures. In cases of forgery, the signature might appear mechanically perfect but lacks the natural flow of a person’s handwriting. There may be times when instructing a handwriting expert may be advisable.
A valid will must be signed in the presence of two independent witnesses. If the witnesses are close to the person who benefits from the changes to the will, or if there are inconsistencies in their account of the execution of the will, this can raise suspicion.
If the deceased person suddenly changes their will to include someone who was previously not in their life, or if the new beneficiaries are significantly different from those in earlier wills without a clear explanation, it may suggest undue influence or fraud.
A fraudulent will might have been signed when the deceased lacked the mental capacity to understand the document. Signs that the deceased may not have had full mental capacity might be found in the deceased’s medical records, the will file from the will drafter, or from accounts of people who knew the deceased during their lifetime. For more on this see our previous article on retrospective capacity assessments.
If a new will contradicts earlier versions without a reasonable explanation, or if it completely alters the distribution of assets without justification, it could be a sign that the will is fraudulent.
If a will is presented for probate after a long delay, especially if it appears after the person’s death, it might be worth scrutinising. Often, fraudulent wills are introduced late, allowing those involved time to hide their actions.
If the estate assets are sold at an undervalue or not on the open market, this can also raise suspicions of fraud.
What to do if you suspect a will is fraudulent
If you suspect a will is fraudulent, it is important to act quickly. It is far easier to protect the estate assets before the Grant of Probate is issued; beyond this point, the process is more complicated. It is therefore imperative that evidence is gathered in a swift but thorough manner to ensure that an accurate analysis of the strength of the case can be conducted. This will also ensure a compelling case can be built before any formal action is taken.
Fraudulent wills are a grave issue but, by being vigilant for signs like unusual signatures, suspicious witnesses and sudden changes in testamentary provisions, you will be better able to identify one. If you suspect a will may be fraudulent, our Contentious Probate team will be happy to assist. Please contact Emma Facey in the first instance.
