Fake and Fraudulent Wills: What to Do if You Suspect a Will Has Been Forged  

Contentious probate solicitor, Cavelle Leigh, outlines the warning signs that may indicate a Will has been forged or fraudulently created, and explains the legal steps that can be taken to investigate its validity and protect an estate.

There are several reasons why a Will may be challenged or found to be invalid. These can include lack of testamentary capacity, want of knowledge and approval, improper execution, undue influence, or fraudulent calumny.  

But what happens if the Will being presented for probate was never made by the person who died at all?  

The testator didn’t create a homemade Will, nor give instructions for a solicitor to do so on their behalf.  

Rather, an unscrupulous “friend”, neighbour or relative, has created the Will from scratch, possibly after the testator’s death, forged their signature, and possibly those of the witnesses.  

If you have reason to believe a Will may be fraudulent or forged, it is important to seek specialist legal advice as soon as possible.  

What are the warning signs of a fake or fraudulent Will?  

Every situation is different, but there may be circumstances surrounding a Will that raise questions about its authenticity.  

Potential warning signs could include:  

• The Will unexpectedly excludes family members or others who might reasonably have expected to inherit.  

• It benefits somebody the testator rarely saw or was estranged from.  

• Its contents contradict what the testator had previously told friends or family about their wishes.  

• It appears to have been made at a time when the testator's physical and/ or mental health had declined to such an extent that they were in no fit state to make a Will 

• The document, signatures or circumstances surrounding the preparation of the Will appear unusual.  

None of these factors automatically means that a Will is fraudulent. However, they may provide good cause to investigate its validity further. 

What should you do if you think a Will has been forged?  

If you have access to the original Will and have concerns about its authenticity, avoid unnecessarily handling or marking the document, as preserving the original may be important if forensic examination is required.  

You should then speak to a specialist Inheritance Disputes solicitor before taking further action.  

Depending on the circumstances, your solicitor may advise entering a caveat against the estate. A caveat can prevent a Grant of Probate from being issued while the validity of the Will is investigated.   

How can you prove a Will is fraudulent?  

One of the steps that may be considered is having the original Will examined by a forensic expert.  

Depending on the circumstances and the documents available, forensic examination can be used to:  

• Confirm whether the testator’s signature is theirs or a forgery, by way of handwriting comparison  

• Analyse the Will for suspicious indentations, such as practice signatures, or notes directed at third parties  

• Date range specific inks, papers, and fonts to establish when the document was created, be it before or after the testator’s death, and confirm in any event that it is in fact their Last Will and Testament   

• Identify if different documents have been merged, or if pages have been omitted   

• Search for other signs of manipulation or tampering   

The findings of a forensic examination can potentially provide important evidence when determining whether a Will is genuine.  

What happens if a Will is found to be fraudulent?  

If a Will is successfully shown to be fraudulent, the estate will need to be administered on the basis of a previous Will.   

Where there is no valid Will, the estate will instead be distributed according to the rules of intestacy. These govern what happens when a person dies without a valid Will.   

What happens if the Will is found not to be fraudulent or the report is inconclusive?  

This will not necessarily mean the end of a potential challenge.  

There are several grounds on which the validity of a Will may be disputed, and they can sometimes overlap. As mentioned, these may include:  

• Lack of testamentary capacity  

• Want of knowledge and approval  

• Improper execution  

• Undue influence  

• Fraudulent calumny  

Your solicitor can consider the wider circumstances surrounding the making of the Will and advise whether there may be other grounds on which its validity could be challenged.  

Speak to our Inheritance Disputes solicitors  

Suspecting that a loved one's Will has been forged or fraudulently created can be extremely concerning, particularly when an estate is already progressing through probate.  

If you have concerns about the authenticity or validity of a Will, speak to our specialist Inheritance Disputes Team. We can assess the circumstances, explain your options and advise you on the most appropriate next steps.