Disputing Wills – Will Fraud 

Fortunate Will Cases 

Regrettably we are now seeing increases in a number of suspected fraudulent wills cases. 

Typically, fraudulent wills arise in the following circumstances: 

1. When the original will may have been deliberately destroyed 
2. Signature on the will is not that of the testator (the person making the will) 
3. When the will was not actually signed in the presence of both witnesses
4. When the deceased is tricked into signing a document, not knowing that it was a will
5. There is something known within the legal framework as the ‘burden of proof’
6. As with undue influence, the burden of proving fraud can be very high, and the Courts will adopt a very cautious approach. Therefore, expert evidence is often required, for example by a calligrapher (a handwriting expert), in order to support an allegation of fraud. The reason for this is simply that a will is signed, dated and witnessed – there is what is known as a presumption of due execution. This means that unless there is strong evidence to rebut the presumption, the will is valid. 

Sadly, we are seeing mores cases of wills that have a fraudulent element, and are presently acting in several cases in which the wills are alleged to have been forged, or there are issues relating to the detail to the deceased signature execution.  

There tends to be a set pattern to these particular matters, but although this is not a complete list, it tends to follow in the following areas: 

1. When the original may have been deliberately destroyed
   
   
2. The signature on the will is not that of the testator
    
3. When the will was not actually signed in the presence of both witnesses
4. When the deceased is tricked into signing a document, not knowing it was in a will
5. The will has been altered by the deceased whilst in hospital 
6. The use of a DIY will
7. Issues surrounding the signing of the will
8. When the will represents a major department from a previous will, e.g. old will leaves everything to family – new will leaves everything to carer
9. If the deceased was largely dependent upon a carer
10. Gifts made to the beneficiary prior to death
11. When a DIY will is used instead of a solicitor
12. A solicitor or will writing firm
13. When the witnesses are friends of the sole beneficiary
14. The use of Power of Attorney prior to death to spend the deceased assets 

This is not an exhaustive list, but represents some of the things that we have seen over the recent years. 

If you are concerned about a will, please feel free to make contact with us.