A commission of fraud with a Will is in many cases very difficult to prove. Nevertheless, these acts of fraudulence are a reality. But is your will fraudulent?

In truth, there’s a variety of reasons why the last Will of a testator might not be valid.

Perhaps there was coercion in some way, or their signature is shown to be a forgery.

In other cases, the testator is simply not of the right mind as they construct and sign the will. For example, if the testator had Dementia when the will undergoes an update. That alone is enough for the courts to consider the Will invalid.

If a Will is fraudulent, then an earlier version of the Will may be the one the law deems valid. If there is no such Will, it’s likely that the government will take over regarding dictating who the beneficiaries are.

How Can You Tell If a Will is Fraudulent?

There are a few warning signs that you should look out for when determining whether a Will is fraudulent or not. Just because the Will doesn’t leave you what you thought you deserve doesn’t automatically make it fraudulent. Some key examples of fraud include the following.

1. Complete destruction of the original Will. Subsequently leaving behind a newer revision that is suspicious to family members.
2. Signature of the Will is either by force, forgery or fakery. You will need to provide examples of their real signature to submit into evidence, though this doesn’t always result in a Will being fraudulent.
3. The Will does not have a witness present at signing, or lacks a witness signature.
4. There are extenuating circumstances that indicate the tricking or coercion of a testator into signing this new Will.
5. If a caregiver takes care of all the testator’s needs for many years. Thereafter, the Will is unreasonably favouring towards them.
6. The Will was not made with legal counsel on hand; it was instead made at home.
7. The Will undergoes changes when the testator was in a hospital or made when they were not of sound mind.

What to Do if You Believe a Will is Fraudulent?

If you believe the Will is fraudulent, you must first have the right to contest a will. But who can contest a Will? Generally speaking, spouses, civil partners, and blood relatives can contest a Will.

However, some non-blood relative exceptions became valid by law in recent years. A surrogate child/adoptee, for example, in all but name can also contest a Will.

If you believe that a Will is fraudulent you will need to follow these steps:

1. Contact Will Dispute Lawyers to see if you have a case.
2. Gather Evidence that supports your claim that the Will is fraudulent.
3. Acquire Witness Reports that corroborate the evidence that the testator was not in sound mind or otherwise subject to coercion.
4. Choose Settlement or Pursue Legal Action to acquire what you believe is a fair deal.

It is important to note that it is very difficult to contest a fraudulent Will. Be very careful in collecting as much evidence and testimonies as you can.

There are many different reasons that Will Disputes can arise within a family. Here are six ways that you can solve will disputes within your family. Contesting a Will UK differs from country to country, so you will want to contact Will and Probate solicitors for further advice based on where the decades lived within the UK.

To solve will disputes, it seems, you might even bring your family closer together. But we’re getting really confident here: let’s take care of the basics first.

1. To solve will disputes, first: determine if there is a Will

If there is a Will, then that means that your loved one has their official wishes on the record and in a document. This alleviates some (but not all) tension: the law often respects their wishes with a will. In turn, no judge needs to divide the assets according to what the law deems is fair. To avoid (and solve) a will dispute, you need a valid one to analyse in the first place.

What happens when contesting a Will is contested is that the matter is sometimes taken up in the courts. A settlement can occur beforehand, yes, but the final matter if pressed will be determined in a court of law. Again: that’s if there is a Will.

2. And there is a Delay in the Execution of the Will

Every Will should have named an Executor. This Executor will then need to apply for Probate or the equivalent of wherever the deceased (testator) lived. This will give them the right and ability to settle the testator’s affairs and to carry out the Will as the decades wished.

A dispute can occur on the executor if the person in question takes too long in assuming their role. Though there is no legal time limit, a year is often seen as customary. If the Executor takes longer, the family members can then apply to the courts to have a deadline applied to enforce the Executor to act.

3. And there is a Disagreement About the Estate

In general, Britons will dispute a will if they don’t like what they see within it.

If there is a disagreement regarding the Estate about how it is being split amongst the beneficiaries, then there are a few ways to resolve the matter.

For example, say that all the children of the testator receive the family home. In turn, there could be issues as to who actually owns the home. There are most often two common resolutions:

1. The property can put into liquidation, leading to a sharing of the price
2. One child could buy out their siblings. Accordingly, this way the siblings will receive their portion while one child will receive the property.

4. And There is a Disagreement in the Will

If there is a disagreement in the Will, for example, you believe you have been unfairly excluded, then you will need to make your case to the courts. An unmarried spouse, for example, can claim financial dependency and win a portion of the Estate as they were under the testator’s care.

It is important to remember, however, that when contesting a Will this way you must prove financial need. Adult children who were left out of the Will who are self-sufficient rarely win in these cases.

5. And If There is a Cause for Suspicion About the Will

If there is any cause for suspicion about the Will, you will need to prove it. The burden of proof is on you, and therefore you will need to acquire evidence and witness testimonies and present your case in court. If it is determined there has been unfair play an earlier version of the Will may be used.

6. If There Isn’t a Will to Solve Will Disputes

If there isn’t a Will, then the law will determine how the assets will be given out. You will need to take your case to court in order to receive a portion of the testator’s estate.

There is a lot of confusion that arises when a family member dies. One such question that is on a lot of people’s minds is the Will and Probate difference. Which is which? How can you tell them apart? What is the purpose of each?

Below, we’ll take the time to explain the differences.

What is a Will?

In the UK, a Will is a legal document that you create and keep updated throughout your lifetime in the event of your death. Its purpose is to insist parties respect your wishes when it comes to who does and does not get left your estate. In the UK, you do not legally have to leave your dependents in your will.

Whether you do this for personal or practical reasons is up to you. A dependent can later contest your will if they prove financial need. But for the most part, all Wills command respect and those you want to leave your estate, also known as your Beneficiaries, receive what you give them.

You can do more in your will than just name your Beneficiaries as well. For example, you can also name who you wish to execute your Will, known as the Executor. You can also name the legal guardians for your dependent children, as well as funeral preferences.

What is Intestate?

Intestate is what happens when you die without a Will. When this happens, it is the law that decides who amongst your family members receives your estate. This could also mean portions of your estate go to the government. Having a Will, therefore, is imperative for the law to respect your wishes.

What is Probate?

Probate is part of the process after you die, but it is different from a Will. Probate is the legal process that follows your death and often occurs before your Estate is managed. In short, the purpose of the Probate is to appoint Personal Representatives to deal with your assets.

In turn, these personal reps have their own responsibilities.

1. Finalise all bills and pending accounts.
2. Pay off all outstanding debts.
3. Sell or transfer property as required or as written out in the Will.
4. Gather assets from different locations to execute the Will.
5. Liquidate if necessary the estate into monetary value.
6. Calculate and pay the remaining income tax.
7. Tabulate and pay the Inheritance Tax (if applicable).
8. Execute the will and distribute the estate to the beneficiaries.

In short, Probate is the process where someone applies to gain control over the deceased’s (testator’s) assets for the purpose of finalising their debt and executing their Will. Accordingly, if the testator names an Executor in their Will, this person will often need to apply for Probate within a year.

There can be cases where someone else wants to contest probate, in which case the matter will need to be settled legally. We can help you win your right to execute your testator’s will. Contact us today to see if you have a case.

When Does Probate Become Necessary?

Probate is necessary in most cases, regardless of whether there is a Will or not. They are not necessary for two specific scenarios.

1. A spouse is alive, and they own the assets jointly with the testator.
2. Comparatively, the testator had a small estate.

Otherwise, you will need Probate to administer the estate. If you do not the estate will remain in limbo. You will need to apply to become the Probate through the government’s website. We can help you through this process, however. Moreover, we’ll deal with the Government as well as the HMRC for you.

The time limit to contesting a will starts with one thing: the contents of the will itself.

In the vast majority of cases, we administer a will according to the wishes of the deceased (testator). In those instances with no will, the rules of intestacy will apply. However, in some cases, there are situations where someone wishes to contest and has grounds for challenging a will.

There are a number of reasons why you may be considering contesting a will. But it’s worth understanding that there are a number of relevant time factors to account for. Depending on your reasons for contesting a will, you will have to assess those time limits. That way, you can understand if you have a legal claim that can be made. This is a determination by your reasons for challenging the will.

The Inheritance Act

To determine a time limit to contesting a will, The Inheritance Act is the biggest player in inheritance legislation.

In truth, the majority of time limits that apply when you’re contesting a will rest on a number of factors. But most will disputes come in accordance with the Inheritance Act. This Act gives you six months from the date of the probate to express your interest in contesting a will. However, there are some cases where the Act doesn’t apply, and you may have more time to make your claim.

Financial Provision Claims

Because the Inheritance Act covers these disputes, they must also be made within six months of the probate. Special permission may be granted by a court if you have reasons for contesting a will after probate.

Claims of Rectification

In some cases of inheritance disputes, the issue is the result of an administrative or clerical error. As with other forms of will contesting, these too will require your claim being made within the six months of the probate date.

Claims against an estate

These are covered under Section 22 of the Limitation Act. These claims can be made up to twelve years after the date of death, although this Act states that six years is the usual time limit to contest a will. Often, these cases go to court due to the failure to deliver on the part of the executor of the will. It’s important that you make your claim as early as possible in order to minimise the potential losses or changes to the estate. If you wait too long, the court may decide that you have lost your chance to dispute the will.

Fraud claims

Fraudulence with Wills is relatively rare. But a provision exists for those wishing to make a claim according to what they believe is fraudulent

• activity occurring within the will, or;
• execution of a will.

There are no time limits for those wishing to make a claim for fraudulent activity in will disputes.

Probate stipulations

When the court issues the probate, then you’ll find it much wiser to make your claim as early as possible. If you act early enough then it may be possible for your legal team to issue a Caveat on the estate which will prevent the probate from being issued. This will prevent any distribution or disposal of any assets, thus simplifying the legal process.

If you believe that you have a valid reason to contest a claim, then it’s essential that you seek legal advice as soon as possible. The faster that you begin the claim process, the more likely it will be that you will be able to access the estate in cases of disputed items or finances.

See more Inheritance news and advice here.