Can I Contest a Will on the Basis of Fraud or Forgery?

INTRODUCTION

If you suspect that a Will has been forged or fraud was involved when the Will was written, then you have grounds to contest a Will.

However, contesting a Will based on fraud or forgery is quite an undertaking.

This article aims to throw light on the critical aspects of the process and provide essential insights into the potential legal avenues you may wish to consider when challenging the validity of a Will.

WHAT CONSTITUTES FRAUD?

In the context of writing a Will, fraud involves any deliberate act of misrepresentation or dishonesty with the intent of influencing how the Testator's Estate is distributed.

Fraud can include a number of actions, such as the following:

Misrepresentation:

• An individual has misled the Testator to sign a will when they believe the document is actually another document.

Dishonest Acts:

• An individual has destroyed the Testator's Will with the purpose or intent of benefiting from the Estate as a result of the rules of testacy (see FAQ below for rules of testacy).
• A beneficiary has made false representations to the Testator about another beneficiary's character with the specific intent of deceiving the Testator to leave more of the Estate to the person making the false representation.*
• An individual has fraudulently impersonated the Executor of the Will. 

WHAT ARE THE LEGAL CHALLENGES?

You should bear in mind that proving either fraud or forgery in a court of law is notoriously tricky, and the burden of proof must be deemed as "beyond reasonable doubt." In other words, any evidence you produce must be robust and compelling.

WHAT OTHER LEGAL AVENUES ARE AVAILABLE?

If your dispute through a court of law is unsuccessful and you are still concerned about the validity of a Will based on fraud or forgery, you can still pursue additional legal routes.

One such route involves investigating whether the Testator had what is known as "knowledge and approval of the Will" (see FAQ).

WHEN SHOULD I CONSIDER APPROACHING A LAWYER?

We always advise seeking professional legal counsel when you have a specific case to discuss or require more detailed legal insights beyond the broad guidelines provided here.

In these circumstances, a lawyer will provide you with both a tailored strategy and the required legal support.

Need to know more or you’d like to discuss your options?

Simply book a callback.

Alternatively, call us on 01233 659 796.

Or use this contact form to reach out to us.

*https://www.thegazette.co.uk/all-notices/content/103524