What Are Suspicious Circumstances in Will Writing?

INTRODUCTION

SIGNS OF SUSPICIOUS ACTIVITY

Identifying factors which appear to be suspicious can often be tricky. Usually, there is evidence that a Beneficiary has acted dishonestly, suspiciously, or against the Testator's interests. Or the Beneficiary could have played what could be deemed an unusually central role in making the Will.

EXAMPLES OF SUSPICIOUS ACTIVITY

But there are other causes of suspicion too. Let's look at some examples of suspicious circumstances.

Unusual Gifts and Relationships

• Was a gift made to a person with whom the Testator had a close relationship, but which was not known or recognised by the Testator's family?
• Was a marriage recently made in haste?

Inconsistent Beneficiary Relationship and Asset Distribution

• Was the relationship of the Beneficiary to the Testator not that close?
• Was a Beneficiary with a reasonable claim to the Estate disinherited by the Testator without any apparent reason?
• Was the division of assets among the children of the Testator deemed substantially unequal, or was a certain child/children harshly treated?

Mental Health and Behavioural Concerns

• Do you suspect indications of alcohol abuse or potentially mind-altering medications?
• Do you suspect evidence of depression on the part of the Testator?
• Do you have any questions at all about testamentary capacity?
• Do you have evidence generally of the Testator's mind failing, but they retained testamentary capacity?
• Do you have reason to believe the Testator showed unusual behaviour at the time the Will was made?

Beneficiary Involvement

• Do you believe a Beneficiary exerted control over the Testator?
• Do you believe a Beneficiary (or third party) assisted the Testator in preparing or editing the Will or has instructed a solicitor to prepare a Will?
• Issues in the Will's Content
• Does the Will contain spelling mistakes?
• Does it use language that the Testator would not have used or understood?
• Does it substantially deviate from a previous Will? Does it include untrue statements?
• Does it feature elements which are uncharacteristic of the Testator?
• Does it present a radical change in dispositions made without a radical explanation?
• Does it contain dispositions which cannot be rationally explained?

Execution of the Will

• Is the Will homemade, and has no professional advice been sought when the Will was drawn up or altered?
• Were the witnesses to the Will not sufficiently independent?
• Did the Testator have a recent serious illness or undergo sudden hospitalisation?
• Did the Testator have a language/cultural disability or any form of illiteracy?
• Did the Testator suddenly wish to leave out particular beneficiaries included in a previous Will?
• Did a specific Beneficiary accompany the Testator on each occasion during the will-writing process?

Possibility of Fraud or Undue Influence

In any of these circumstances, it's entirely possible that dishonesty, undue influence, or even fraud could have been at play as a result of the Beneficiary exerting undue influence over the Testator.

For further information on suspicious circumstances, please click on the related question below, or if you wish to clarify any of the points above, we'd be delighted to answer your questions or contact one of our experts.

NEED TO KNOW MORE OR YOU'D LIKE TO DISCUSS YOUR OPTIONS?

For further information on suspicious circumstances, please click on the some of the related question below. Or if you wish to clarify any of the points above, get in contact with one of our experts and we'd be delighted to answer your questions.

Simply book a callback.

Alternatively, call us on 01233 659 796.

Or use this contact form to reach out to us.