Contesting a Will - fraudulent & disputed Wills

Fraudulent Wills and disputed Wills are very serious cases and we would advise you to contact us at your earliest opportunity to discuss any concerns you might have. For expert legal guidance regarding contesting a Will please call Stephensons today on 0203 816 9314.

If you have any concerns about a loved one’s Will or you are currently disputing the validity of a Will our solicitors will be able to review the Will and confirm whether or not it is valid. If we find proof that the Will is invalid we will then be able to advise you on the next steps.

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Fraudulent Wills

Unfortunately, fraudulent Wills are not uncommon. Here at Stephensons, our solicitors have vast amounts of experience in dealing with a variety of Will fraud cases in the UK. If you want to challenge the Will of a loved one on the basis that it may have been forged, we may be able to help you.

What is classified as a fraudulent Will?

There are a number of examples of fraudulent Will cases, including (but not limited to):

When an original copy of a Will has been intentionally destroyed
When a Will has not signed in the presence of both witnesses
When the signature on a Will isn’t that of the person making the Will
When a person is misled to believe they are signing another document, when in actual fact they have signed a Will

If you believe that the signature of a loved one on their Will is not theirs, you may be able to challenge the Will on the basis of it being forged. In order to prove this, you would have to obtain original examples of the deceased’s signature. As a person’s signature may naturally change over time and degenerate as they get older, the signatures should be those dated from around the time that the Will was made. It may be necessary at some point to obtain a report from a handwriting expert.

It is vital that you are aware that you can also be penalised by the court if you allege fraud without reasonable evidence, and are unsuccessful, as it is considered to be a very serious allegation under UK law. Under these circumstances, the court could order that you have to pay your opponent’s legal costs. This is a very complex area of law, and we would strongly advise that you seek legal advice at the very start of your case, to minimise the potential of costs being ordered against you. Stephensons have a specialist inheritance dispute team who will be able to advise you in relation to your dispute.

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Disputed Wills

In order for a Will to be valid, it must comply with certain strict formalities. For example:

The Will must be in writing
The Will must be signed by the deceased
The deceased must have signed the Will in the presence of at least two witnesses
The witnesses must have signed the Will in the presence of the deceased

On what grounds can a Will be disputed?

In some cases, Will disputes occur if there have been significant changes to a person’s Will a short time before their death. For example, if the deceased’s Will left their estate to a partner or family member but this was changed shortly before their death, you may be questioning the validity of the new Will. If you need to obtain a copy of the Will, you should apply for a standing search.

The most common grounds for a Will to be disputed include:

Mental capacity – the person making the Will must have sufficient mental competence when making any changes to their Will, particularly if this was done shortly before their death
Undue influence – a person must be free to make their Will voluntarily and must not be forced into signing a Will
Invalid procedure – for example, witnesses not signing the Will
Lack of knowledge and approval – when the person making the Will understood and approved all contents of the Will
Fraud – for example, if someone is tricked into signed a Will

Get in touch

If you have any concerns about a loved one’s Will, or you are currently disputing the validity of a Will, Stephensons’ specialist UK solicitors will be able to review the Will and confirm whether or not it is valid. If we find proof that the Will is invalid we will then be able to advise you on the next steps.

For expert legal advice regarding fraudulent Wills or disputed Wills, please contact Stephensons today by calling 0203 816 9314. Alternatively, you can complete our online enquiry form and someone will be in touch with you as soon as possible.

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