Fraud and Forgery in Wills: What Happens If a Will Is Fake?

When a loved one dies, their will is meant to provide clarity, finality, and direction. But what happens when doubts start to surface, when something doesn’t feel right? Perhaps the signature looks unusual, the contents are drastically different from earlier versions, or beneficiaries are left out under suspicious circumstances. These red flags may point to fraud or forgery, which, unfortunately, are more common than many people realise.

In this article, we’ll explore what constitutes a fraudulent or forged will in England and Wales, how to recognise the signs, what legal remedies exist, and what steps you can take if you suspect foul play.

What Is Forgery and Fraud in the Context of Wills?

Forgery

Forgery in wills typically refers to the unauthorised creation or alteration of a will, often involving:

• A forged signature of the testator (the person making the will)
• Alterations made after the will was signed
• Entirely fake documents presented as genuine wills.

Fraud

Fraud occurs when someone uses deceit or dishonesty to influence the testator or the will’s content. Examples include:

• Tricking someone into signing a will that they don’t understand
• Creating a fake will and claiming it’s real
• Lying to the testator to exclude or include beneficiaries.

Both scenarios amount to serious civil (and potentially criminal) wrongdoing and can have wide-ranging consequences for the estate and those involved.

Why Are Fake Wills Created?

Unfortunately, the death of a loved one can bring out greed, desperation, or long-standing resentment. People may be tempted to manipulate a will for financial gain. Common motivations include:

• Attempting to exclude estranged family members from inheriting
• Adding oneself as a beneficiary or executor
• Securing a larger share of the estate
• Gaining control over property or sentimental items.

These actions often come to light when beneficiaries compare the will to earlier versions or notice inconsistencies in the deceased’s expressed intentions.

Red Flags: How to Spot a Potentially Fake Will

If you’re concerned about the authenticity of a will, here are common signs that merit further investigation:

• The signature looks shaky or inconsistent with other known signatures.
• The will is suddenly discovered after death, often under suspicious circumstances.
• The will was made shortly before death, especially if the person was ill or vulnerable.
• Long-standing beneficiaries are suddenly removed without explanation.
• A beneficiary was closely involved in preparing or witnessing the will.
• No solicitor was involved, and the will was typed or handwritten with no record of professional advice.
• Witnesses cannot be traced or deny witnessing the signature.

Any of these factors may suggest forgery, undue influence, or fraud.

Legal Grounds for Challenging a Will

In England and Wales, a will can be challenged if there are legal grounds to believe it is invalid. These include:

1. Lack of proper execution — e.g., not signed in the presence of two witnesses.
2. Lack of testamentary capacity — the testator didn’t understand what they were signing.
3. Undue influence — someone pressured the testator into signing.
4. Lack of knowledge and approval — the testator didn’t know what the will contained.
5. Fraud and forgery — the will was forged, or deceit was used to affect its content.

A fraudulent or forged will is void, and the estate will instead be administered according to an earlier valid will (if one exists) or under the rules of intestacy.

What Happens If a Will Is Proven to Be Fake?

If a court finds that a will is forged or fraudulent, it is declared invalid. The consequences can include:

• The will is disregarded, and an earlier version (if valid) is used.
• If no earlier will exists, intestacy rules apply, which could drastically change who inherits.
• The person responsible for the forgery could face criminal prosecution for fraud or forgery.
• Civil proceedings may be launched against those who benefited unjustly.
• Executors acting under a fake will can be removed by the court.

In short, a fake will doesn’t just go away quietly — it can unravel an entire estate administration process and lead to protracted legal battles.

Proving a Will Is Fake: What Evidence Do You Need?

Challenging a will on the basis of fraud or forgery is serious and requires compelling evidence. Here are common sources of proof:

1. Expert Analysis

• Handwriting experts can examine the signature and compare it to verified examples.
• Ink and paper analysis can determine if the document is consistent with the time it claims to be from.

2. Witness Testimony

• Witnesses to the signing (if still living) may testify whether the signing occurred as claimed.
• People familiar with the testator can confirm whether the will reflects their known wishes.

3. Medical Records

• If the will was signed when the testator was ill or impaired, medical evidence can support claims of incapacity or undue influence.

4. Circumstantial Evidence

• Sudden changes to the will without a clear reason.
• Involvement of beneficiaries in the drafting process.
• Isolation of the testator in their final days.

All this can form a picture suggesting the will was not genuine, even if forgery can’t be proved beyond doubt.

Criminal Implications: Forgery and Fraud Are Criminal Offences

Forgery and fraud are not just civil wrongs; they are criminal offences under UK law.

If you believe a will has been forged or someone committed fraud to influence a will, you may report the matter to the police or the Crown Prosecution Service. Offenders found guilty can face:

• Fines
• Imprisonment
• A criminal record.

While not all disputes go to the police, criminal proceedings may be appropriate in severe cases, especially if large sums of money are involved, or there’s clear dishonesty.

How to Protect an Estate from Forgery or Fraud

Here are proactive steps to help protect yourself or a loved one from becoming the victim of a fake will:

✅ Use a Solicitor

A professionally drafted and witnessed will is much harder to contest or fake.

✅ Store the Will Securely

Solicitors can store the original, so no one can “lose” or alter it after death.

✅ Update the Will Regularly

An up-to-date will reduces the risk of confusion and limits the scope for fraud.

✅ Tell Your Loved Ones Where Your Will Is Kept

This reduces the chance of a fake will being introduced as the “last known version.”

What to Do If You Suspect a Fake Will

1. 1. Act quickly – Once a grant of probate is issued, it becomes harder to challenge.
   2. Lodge a caveat at the Probate Registry – This temporarily halts the probate process while the dispute is investigated.
   3. Seek legal advice immediately – A specialist solicitor can advise on your evidence, help investigate further, and guide you through the process of contesting the will.
   4. Preserve documents and correspondence – Keep all emails, letters, previous will versions, and anything else that might support your case.

Don’t Let a Fake Will Rewrite a Legacy

Forgery and fraud in wills are more than just family drama; they’re legal and criminal issues that can derail the proper administration of an estate. If you have any concerns about the validity of a loved one’s will, it’s important to act swiftly and seek professional advice.

Burt Brill & Cardens Solicitors in Brighton has deep experience handling contested probate, will disputes, and TOLATA claims. If you suspect a will is fake or invalid, their team can help you gather evidence, lodge a caveat, and take action to protect your rightful inheritance.

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