Discovering that a loved one’s will may have been forged is a deeply distressing experience. It raises serious concerns about fraud, injustice, and the rightful distribution of an estate. At Blackstone Solicitors, we understand the emotional and legal complexities involved in contesting a forged will and offer expert support to clients across England and Wales.
This article explores what constitutes a forged will, how to identify and challenge it, and what steps you can take to protect your interests and uphold the true wishes of the deceased.
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For a free initial discussion on how we can help you deal with the legal implications of contesting a Will, get in touch with us today. We are also experienced in dealing with all aspects of Wills, Probate and inheritance disputes and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What Is a Forged Will?
A forged will is one that has been fraudulently created, altered, or signed without the genuine intention or knowledge of the testator (the person making the will). Forgery may involve:
- Falsifying the testator’s signature
- Creating a will without the testator’s involvement
- Altering an existing will after it was signed
- Presenting a counterfeit document as the last will and testament
Such actions are not only morally reprehensible but also criminal offences under UK law. If proven, a forged will is invalid and cannot be used to distribute the estate.
Why Do People Forge Wills?
Motives for forgery typically revolve around financial gain or control over assets. Common scenarios include:
- Disinherited individuals seeking to reinstate themselves
- Caregivers or relatives exerting undue influence
- Opportunists exploiting vulnerable or isolated individuals
- Conflicts over property, business interests, or inheritance
Forged wills often surface when there is a sudden change in beneficiaries, exclusion of close family members, or inconsistencies with previous versions of the will.
Warning Signs of a Forged Will
While not all suspicious wills are forged, certain red flags may warrant investigation:
- The signature appears inconsistent with known samples
- The will was created shortly before death, under questionable circumstances
- Beneficiaries are unexpected or previously estranged
- The testator lacked capacity or was seriously ill at the time
- Witnesses are unavailable, unknown, or have conflicting accounts
- The document contains errors, omissions, or unusual formatting
If you suspect forgery, it is essential to act quickly and seek legal advice. Delay can result in probate being granted and assets distributed, complicating the dispute.
Legal Grounds for Challenging a Forged Will
Contesting a forged will typically involves challenging its validity under the Wills Act 1837 and common law principles. The key legal grounds include:
- Fraud and Forgery
This is the most direct challenge. You must demonstrate that the will was not genuinely signed or authorised by the testator. Evidence may include:
- Handwriting analysis by forensic experts
- Comparison with previous wills or known signatures
- Witness testimony
- Circumstantial evidence of deceit or manipulation
Courts take forgery allegations seriously and require clear, compelling proof.
- Lack of Testamentary Capacity
If the testator lacked mental capacity at the time the will was allegedly signed, it may be invalid. This is particularly relevant if the will was created during a period of illness, cognitive decline, or confusion.
Medical records, GP notes, and expert psychiatric assessments can support this claim.
- Lack of Knowledge and Approval
Even if the signature appears genuine, the will may be invalid if the testator did not understand or approve its contents. This may arise if someone else drafted the will and failed to explain its implications.
Suspicious circumstances, especially where the testator was vulnerable or isolated, can strengthen this ground.
- Improper Execution
A forged will may also fail to meet the formal requirements of execution. Under the Wills Act 1837, a valid will must be:
- In writing
- Signed by the testator
- Witnessed by two individuals present at the same time
If these steps were not properly followed, the will may be invalid regardless of forgery.
How to Prove a Will Is Forged
Proving forgery is complex and requires a combination of legal expertise and forensic evidence. The process typically involves:
- Gathering Evidence
This includes:
- Previous versions of the will
- Known samples of the testator’s signature
- Medical records
- Witness statements
- Correspondence or notes from the testator
- Details of the will’s creation and storage
The more documentation you can provide, the stronger your case.
- Expert Analysis
Forensic handwriting experts can compare signatures and detect inconsistencies. Their reports are often crucial in court proceedings.
In some cases, digital forensics may be used to examine electronic documents, metadata, or tampering.
- Legal Proceedings
If evidence supports forgery, you may apply to the Probate Registry to prevent the grant of probate or seek to revoke it if already granted. The matter may then proceed to the High Court for determination.
At Blackstone Solicitors, we guide clients through each stage, from initial investigation to litigation, ensuring your case is presented with clarity and strength.
What Happens If the Will Is Declared Forged?
If the court finds that the will is forged, it will be declared invalid. The estate will then be distributed according to:
- A previous valid will, if one exists
- The rules of intestacy, if no earlier will is available
This can significantly alter who inherits and how much they receive. It may also lead to criminal investigations or civil claims against those involved in the forgery.
Risks and Challenges
Contesting a forged will is not without risks. These include:
- Legal costs, especially if the case goes to trial
- Emotional strain and family conflict
- Difficulty obtaining evidence, particularly if witnesses are uncooperative
- The burden of proof, which lies with the person alleging forgery
However, with expert legal support and a well-prepared case, many clients achieve justice and restore the rightful distribution of the estate.
Alternative Dispute Resolution
In some cases, disputes over a suspected forged will may be resolved through negotiation or mediation. This can offer:
- Faster resolution
- Reduced costs
- Preservation of family relationships
- Confidentiality
At Blackstone Solicitors, we explore all avenues to resolve disputes efficiently and favourably, while protecting your legal rights.
How Blackstone Solicitors Can Help
Our contentious probate team offers:
- Expert assessment of suspicious wills
- Access to forensic handwriting and medical experts
- Strategic advice on legal grounds and evidence
- Representation in court proceedings and mediation
- Support for claimants, executors, and beneficiaries
We understand the sensitivity and urgency of forgery claims and provide professional, empathetic guidance throughout.
Conclusion
Contesting a forged will is a serious and often complex legal challenge. Success depends on gathering robust evidence, acting swiftly, and securing expert representation. Whether you are a disinherited beneficiary, concerned family member, or executor facing a dispute, Blackstone Solicitors is here to help.
We offer trusted advice and strategic support to clients across England and Wales, ensuring that justice is served and the true wishes of the deceased are upheld.
If you suspect a will has been forged, contact our team today for a confidential consultation.
How we can help
We have a proven track-record of helping clients deal with contesting a Will. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. (or whether) to incorporate, what kind of ownership
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of contesting a will. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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