It is possible to challenge a will on the grounds of fraud or forgery. However, these are serious allegations to make. For this reason, the burden of proof on the person making such allegations is high.

As with any will challenge, the key witness, being the person said to have made the will, is not there to give evidence, which makes such cases difficult to prove. If there is some suspicion of dishonesty with regards to a As with any will challenge, the key witness, the person said to have made the will, is not available to give evidence, which can make these cases difficult to establish. Where there is suspicion of dishonesty in relation to a will, relying on alternative grounds, such as a lack of knowledge and approval, may result in a more favourable outcome without the significant evidential burden required for fraud or forgery. With our expertise, we can advise you on the prospects of success of the various grounds of challenge available.

Where forgery is alleged, it may be that the will has been forged in its entirety. Alternatively, it may be that the testator’s signature has been forged onto a will which the testator prepared but chose not to sign.

Concerns that a will may have been forged can arise where:

• The witnesses to the will cannot be traced or have died;
• The signature on the will does not appear consistent with other examples of the testator’s usual signature;
• The witnesses to the will are closely connected to the main beneficiary rather than the testator;
• The terms of the will are unexpected and inconsistent with previous wills;
• The will is said to have been made shortly before death and includes new beneficiaries.

In many cases, a handwriting expert is required to compare the handwriting or signature on the will with that of the testator. This requires sufficient examples of the testator’s handwriting and signature, which can be difficult where a significant period has passed since death or due to the increased reliance on technology. Statements from the witnesses to the will are also likely to be required to explain the circumstances surrounding the execution (signing) of the will.

Another form of fraud is fraudulent calumny, which is similar in nature to undue influence.

A successful challenge to a will on the grounds of fraud or forgery will result in the will being declared invalid. The estate will then be distributed in accordance with the testator’s previous will, if one exists and is valid. If there is no earlier will, the intestacy rules in England and Wales will apply. There is no time limit for bringing a claim in respect of a fraudulent will; however, matters should be pursued without delay.

If you have concerns about a forged or fraudulent will, or if you are defending a challenge to a will, please contact our specialist team.