We specialise in fraudulent Will claims. To find out where you stand and whether no win, no fee funding is available, call freephone 0333 888 0409 or send us an email.
Will dispute lawyer, Naomi Ireson, looks at the contentious issue of fraudulent Will claims
We have looked at the issue of Will fraud elsewhere on this website and for an overview of the basic legal principles then read our article, ‘Can I contest a Will on the grounds of fraud?’ here.
Lawyers tend to have a very strict and narrow definition of fraud, whereas individuals who have lost out on their inheritance often talk about a ‘fraudulent Will’ in a much looser sense.
Strictly speaking, fraud involves ‘an intentional deception made for personal gain or to damage another individual’. This definition of fraud would encompass situations where the testator’s signature on a Will has been forged, or where the testator has been tricked into signing a document without knowing that it was their Will. It would also cover situations where someone has intentionally destroyed a Will because they know they will benefit if an earlier Will takes effect, or they will inherit under the intestacy rules.
There is also the specific allegation of ‘fraudulent calumny’ that applies when someone poisons the testator’s mind with false information so as to encourage them to make their Will in a particular way.
However, we find that the people who contact our helpline on a daily basis use the term ‘fraudulent Will’ much more widely. In these cases they are often referring to situations where the validity of the Will can be challenged. This would include the following grounds:
- Challenging the validity of a Will on the grounds of lack of capacity;
- Challenging the validity of a Will on the grounds of lack of knowledge and approval; and
- Challenging the validity of a Will on the grounds of undue influence.
In some situations people refer to a ‘fraudulent Will’ when what they actually have in mind is making a claim under the Inheritance Act for financial provision from the testator’s estate.
Whatever the situation and whether or not the Will in dispute is accurately described as being ‘fraudulent, our team of experts are here to assist. Contact our legal helpline for a free assessment of your case and details of No Win, No Fee funding. Call 0333 888 0409 or email us at [email protected]