Forged or Fraudulent Wills

How to Challenge A Will

Forged or fraudulent Wills are both types of wrongdoing and can be challenged. They generally involve manipulation which can lead to distress and confusion among family members.

Will forgery and fraud are serious offences and if a Will is proved to be forged, it is typically declared invalid. In such cases the estate is distributed according to a previous valid Will. If there is no previous Will, it will be distributed under laws of intestacy.

At Jefferies Claims, we work with highly experienced solicitors in contentious probate who can review your case and advise you accordingly. We offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more. 

🔍 1. Forged Will

Definition: A forged Will is when there is physical alteration, or creation of a false Will.

Examples:

• Someone signs the Will in the testator’s name after they’ve died.
• A third party writes and signs a Will without the testator’s knowledge.

Legal Consequences:

• A forged Will is completely void — it’s treated as if it never existed.
• Forgery is a criminal offence.
• If proven, the estate is distributed either under an earlier valid Will, or if none exists, under intestacy rules.

🎭 2. Fraudulent Will

Definition: A fraudulent Will involves deception or dishonesty to create, modify, or conceal a Will. The Will may be genuinely signed by the testator, but they were misled into doing so.

Examples:

• Someone lies to the testator about a beneficiary to make them change the Will.
• A later valid Will is deliberately destroyed or hidden so an older Will is admitted instead.

Legal Consequences:

• A fraudulent Will can also be declared invalid if the fraud is proven.
• Fraud in Wills can involve civil and criminal liability.

Possible Red Flags Indicating Fraud or Forgery

There are several signs which may be flagged as possible fraud or forgery. These may include:

Lack of witnesses – two witnesses are required to sign a Will. If these are missing or appear to be vague about signing, this may raise suspicion.

Inconsistent signature – the signature, or handwriting, may not be consistent as previous signatures.

Unclear Date – if the Will is undated or has a date which does not match other documentation.

Discrepancies – the Will may have provisions that are at odds with the testator’s known intentions.

Changes – if there appear to be changes or additions made shortly before the testator’s death and which are inconsistent with the testator’s wishes.

✅ Can You Challenge or Claim?

Yes, you can challenge either a fraudulent or forged Will if you have standing, such as:

• You are a beneficiary under an earlier Will.
• You are entitled under intestacy.
• You are a relative or have a moral or financial dependency claim.

How to proceed:

Obtain a copy of the Will (from the Probate Registry if probate has been granted).

Enter a caveat at the Probate Registry to prevent probate being granted or to stop the process temporarily.

Gather evidence: e.g. handwriting analysis (for forgery), witness statements, solicitor records, etc.

Instruct a solicitor experienced in contentious probate.

Time limits: While there’s no strict time limit to challenge the validity of a Will, it’s best to act as early as possible, especially before probate is granted. Delay can make it more difficult to gather evidence.

📌 What Happens If the Challenge Succeeds?

• The forged or fraudulent Will is set aside.
• The estate is then distributed according to a prior valid Will; or Intestacy rule if no valid Will exists.

🛡️ Alternative Claims

If fraud or forgery is hard to prove, you may still have claims under:

• Inheritance (Provision for Family and Dependants) Act 1975 — if the Will doesn’t reasonably provide for you. This is not a challenge to the Will’s validity, but a claim for reasonable financial provision.
• Undue influence — if someone pressured the testator unfairly.
• Lack of capacity  — if the testator didn’t understand what they were doing when they signed the Will.

Contact Us

Challenging a Will can be emotional after the loss of a loved one. Our partner contentious probate solicitors are here to support you with care and understanding. It’s advisable to act quickly as evidence can be lost or mislaid and time limits may apply.

Call us now at 0333 358 3034 or visit Jefferies Claims Contact Us Page for a free, no-obligation consultation.