What is a fraudulent will?
A will shall be invalid if it can be proved that it is fraudulent.
Fraud can best be described as the deliberate or intentional use of misrepresentation, deception or dishonesty to deprive, in order to make a gain or achieve an advantage for someone or something or to disadvantage or cause loss (usually financial) to another person.
If the true intentions of the testator are not contained within their will, it may be possible to challenge the will on the grounds of fraud.
Typically, fraudulent wills arise in the following circumstances:
- Where the deceased's signature on the will has been forged.
- Where the will was not actually signed in the presence of both witnesses.
- Where the last will has been deliberately destroyed.
- Where the deceased was tricked into signing a document not knowing that it was a will.
- Where false information was given to the deceased in order to persuade him/her to make a will in certain terms (fraudulent calumny).
The very nature of such cases, given the higher burden of proof and usually the lack of compelling evidence available (given that the best witness of the case, the deceased, is no longer able to give evidence) means that this type of claim can be very difficult to prove.
Fraud is a very serious allegation which should not be raised without real evidence to support it. A caveat should first of all be lodged at the Probate Registry to avoid the will being admitted to probate so that extensive enquiries can be carried out, such as instructing a handwriting expert and examining potential witnesses. We recommend that you seek legal assistance as soon as possible if you are considering such a claim.
If you would like advice on challenging a will, or indeed on any other inheritance or trust dispute, please contact our Disputed Wills and Trusts Team on freephone 0800 0931336, or by email email@example.com for a no obligation chat to see how we can help you.