Challenging a Will forFraud or Forgery
Would you like to learn more or speak to one of our team?
Discovering that a loved one’s Will may have been forged or affected by fraud can be deeply distressing. You may feel uncertain about what has happened or concerned that their true wishes have not been respected.
In some cases, unexpected changes to a Will or concerns about the way in which it was prepared can raise questions about its validity.
The law in England and Wales allows a Will to be challenged where there are genuine concerns about fraud or forgery. A Will that is not genuine can be challenged, and steps can be taken to ensure the estate is administered correctly.
At Butcher & Barlow, our Contentious Probate Solicitors provide clear advice and practical guidance at what is often a difficult time. We are here to work alongside you, listen carefully to your concerns, explain your options and help you understand the practical steps involved in challenging a Will on the grounds of fraud or forgery.
Get expert advice on challenging a Will
For specialist advice on challenging a Will on the grounds of fraud or forgery, please contact our specialist Contentious Probate Solicitors at Butcher & Barlow.
You can call us on 0161 764 4062 or email enquiries@butcher-barlow.co.uk.
Why choose Butcher & Barlow for support with suspected Will fraud or forgery?
At Butcher & Barlow, we have extensive experience supporting clients with contested probate matters and disputes involving the validity of a Will. We combine strong technical knowledge with a compassionate, practical approach, helping you understand your position clearly from the outset.
Our Contentious Probate Solicitors provide clear, straightforward advice, tailored to your circumstances. We will explain the issues, the options available and the steps that may be needed to take to investigate matters properly.
We take the time to understand your concerns and objectives so that the advice we give is shaped around what matters most to you.
We work with you, not just for you, so that important decisions are shared, and you feel supported throughout the process.
What is Will Fraud and Forgery?
Fraud and forgery both involve dishonesty, but they arise in slightly different ways.
Forgery usually involves the creation of a false Will or the alteration of an existing one, such as copying a signature or inserting new pages.
Fraud is broader and may involve deception surrounding the Will’s preparation, execution or use. This could include misleading the person making the Will, concealing a valid Will or presenting a false document as genuine.
Both situations are taken seriously by the courts. If proven, the fraudulent or forged Will may be declared invalid, and an earlier valid Will, or the rules of intestacy, may apply instead.
Common types of Will fraud
Common types of Will fraud include the forgery of a Will, or the deliberate alteration, destruction or substitution of a valid document.
This may involve creating a false document, adding or removing pages, or concealing the existence of the true Will.
Unlike undue influence, which concerns pressure on the testator, fraud focuses on intentional deception affecting the document itself.
Each case depends on its facts and requires careful investigation to determine whether the Will is valid.
Where fraud is established, the Will may be set aside and the estate administered as if the invalid document had never existed in law.
Signs that a Will may be forged
Certain warning signs may suggest that a Will is not genuine. These can include:
- a signature that appears inconsistent with the person’s usual handwriting
- witnesses who cannot be traced or do not remember signing the Will
- unusual amendments, missing pages or signs that the document has been altered
- a Will that appeared unexpectedly or in suspicious circumstances
- sudden or unexplained changes to who benefits
Timing can also be relevant. For example, a Will created shortly before death, particularly when the person was unwell or vulnerable, may warrant closer examination. Sudden or unexplained changes to beneficiaries can be another indicator. While these signs do not automatically prove forgery, they can justify further investigation and legal advice.
How to prove a Will is fraudulent or forged
Proving inheritance fraud requires clear and reliable evidence. Depending on the circumstances, this may include handwriting analysis by an independent expert to confirm whether a signature is genuine, witness statements from those present at the signing and forensic examination of the document itself.
It may also be important to review earlier Wills, correspondence, attendance notes and medical records to understand the wider background.
Our role is to help you identify the relevant evidence, assess the strength of the concerns raised and present the position clearly and appropriately.
The legal process for challenging a forged or fraudulent Will
The first step is usually to seek legal advice so the Will and the surrounding circumstances can be reviewed.
This may involve obtaining a copy of the Will, requesting information from the executor, and gathering any documents or evidence that may help clarify what has happened. If concerns remain, a formal challenge may be raised, and steps may be taken to prevent the estate being distributed while the position is investigated.
If there are genuine concerns about fraud or forgery, one of the first steps may be to enter a caveat. A caveat prevents a grant of probate being issued for the time being, giving space for the Will’s validity to be investigated before the estate is administered.
Some disputes are resolved through negotiation or mediation, while others may require court proceedings if the validity of the Will cannot be resolved by agreement.
Acting promptly is important. The time limits for claims involving fraud or forgery can depend on the facts, so early advice is essential, both to protect your position and preserve evidence.
What are the consequences of Will fraud or forgery?
Forgery and fraud involving a Will can carry serious consequences.
From a civil perspective, the Will may be declared invalid, and any person who has benefited dishonestly may be required to account for what they have received.
There may also be criminal consequences in some cases, depending on the facts and the evidence available. Whether criminal proceedings follow will depend on the nature of the conduct and the approach taken by the relevant authorities.
The court’s priority in probate proceedings is to ensure that the estate is administered in accordance with the law and the genuine intentions of the person who has died.
Protecting against Will fraud
While fraud is relatively uncommon, there are practical steps that can help reduce risk.
Wills prepared by experienced Solicitors, which are properly signed and witnessed, are generally less likely to give rise to concerns. Keeping the original Will safely stored and ensuring trusted individuals know where it is held can also help.
Executors and beneficiaries should remain attentive to unusual changes, missing documents or inconsistencies during estate administration. Early legal advice can clarify concerns and prevent further complications. Taking prompt, careful action can make a significant difference.
How Butcher & Barlow can help
Our Contentious Probate Solicitors have extensive experience supporting clients across Cheshire, Greater Manchester, and the surrounding areas in disputes involving alleged Will fraud or forgery.
We understand how sensitive these matters can be, particularly when they involve family members or long-standing relationships.
We can help by:
- reviewing the Will and advising on whether there are grounds for concern
- gathering evidence, including expert and witness evidence where needed
- communicating with Executors and other parties on your behalf
- representing you in negotiation, mediation or court proceedings
We will explain the process clearly and work with you to find a practical and appropriate way forward.
If you are concerned about the validity of a Will, please get in touch with our team. We are here to listen and to help you understand your options.
