Individual / Will Disputes & Contentious Probate
Occasionally a will does not reflect what the person really wanted because it has been forged, or created or altered by fraud. If you suspect a signature is not genuine, or that a will was produced to hide the deceased’s true wishes, you may be able to challenge it and have it declared invalid.
Call us on 0161 930 5151 or email willdisputeteam@gorvins.com for a confidential conversation about a suspected fraudulent or forged will.
A fraudulent will is one that has been created, altered or obtained by dishonesty, so that it does not represent the genuine wishes of the person who is supposed to have made it. If proved, a fraudulent or forged will is invalid and is set aside by the court.
Fraud and forgery are related but distinct, and the difference matters because it affects who has to prove what:
The most common allegation is that the deceased’s signature on the will is not genuine. Because a person’s signature naturally changes over time, particularly in older age or ill health, proving forgery usually requires expert comparison against genuine signatures from around the same period.
In more serious cases, an entire will is invented, or pages are substituted, to divert the estate to someone who would not otherwise benefit.
This is a particular form of will fraud where someone dishonestly poisons the deceased’s mind against a person who would naturally have inherited, by making false statements about them, so that person is cut out of the will.
A will must be signed in the presence of two independent witnesses. If witnesses were not actually present, signatures were backdated, or the formalities were faked, the will’s validity can be challenged.
Hiding or destroying the real will after death, so that an earlier will or the intestacy rules apply instead, is itself a form of fraud. If you cannot locate the latest will, our lost wills solicitors can help trace it.
Fraud is a serious allegation and the courts require strong, credible evidence before setting a will aside. The standard of proof in these civil cases is the balance of probabilities, but the more serious the allegation, the more cogent the evidence needs to be. Proving a fraudulent or forged will typically involves:
An important point on forgery specifically: following the case of Face v Cunningham, where forgery is alleged it is for the person putting the will forward to prove it is genuine, rather than for the challenger to prove it is fake. With other fraud allegations, the burden generally sits with the person making the allegation. We will advise you on how this affects your case. Confidence level: Very confident on the general burden-of-proof distinction, though how it applies always turns on the individual facts.
If you suspect a will is fraudulent, the first protective step is usually to enter a caveat at the Probate Registry. This prevents a grant of probate being issued and stops the estate being distributed while enquiries are made, giving time to obtain a handwriting report and gather other evidence. A caveat currently costs £3, lasts six months and can be renewed. We can arrange this quickly.
Because fraud is such a serious allegation, it should never be raised without real evidence to support it. If a fraud claim is brought and fails, the court may order the person who made the allegation to pay both their own and their opponent’s legal costs. This is precisely why suspected fraudulent wills should be handled by an experienced contentious probate solicitor who can assess the evidence honestly before any allegation is made. We will always give you a candid view of the strength of your case before you commit to a claim.
If a will is declared invalid for fraud or forgery, the estate does not pass to whoever challenged it. Instead it is distributed under the most recent valid earlier will, or, if there is none, under the intestacy rules. Where forgery or fraud may also be a criminal matter, it can be reported to the authorities separately.
Our Will Disputes and Contentious Probate team acts for both those challenging and those defending a will alleged to be fraudulent. We can:
Where your concern overlaps with other grounds, our specialists in contesting a will, undue influence and mental capacity can also advise.
Gorvins is a Legal 500 recognised firm based in Stockport, acting for clients across Greater Manchester, the North West and nationally.
Call us on 0161 930 5151, email willdisputeteam@gorvins.com, or complete the enquiry form below and we will call you back.
A forged will involves a fake document or a fake signature. Will fraud is broader and includes tricking the person into signing something they did not know was a will, impersonation, destroying or hiding a genuine will, or fraudulent calumny.
Usually through a forensic handwriting or document examiner who compares the disputed signature against genuine examples and checks for tracing, simulation or tampering, supported by witness, medical and circumstantial evidence.
There is no fixed statutory deadline for a probate claim alleging fraud, but you should act promptly, as evidence fades and recovery becomes far harder once the estate is distributed. If your situation also involves an Inheritance Act 1975 claim, a strict six-month deadline from the grant of probate applies.
The will is set aside and the estate is distributed under any valid earlier will, or under the intestacy rules if there is no earlier will. The matter may also be reported to the authorities as a potential criminal offence.
Yes. Forgery is a criminal offence under the Forgery and Counterfeiting Act 1981 and can carry a significant prison sentence, separate from any civil probate dispute over the will’s validity.
Costs depend on the evidence needed, including expert fees, and on whether the matter settles or goes to trial. Because an unsuccessful fraud allegation can result in a costs order against you, we will give you a clear, honest assessment of the merits and likely costs before you proceed.
Wills, Trust & Probate
