If you have concerns that a will has been forged or that you are dealing with a fraudulent will, you are not alone. Although still comparatively rare, forgeries are on the increase. Suspicions about whether a will is genuine are very serious and need to be dealt with urgently. If a fraudster is able to obtain a grant of probate, they will be able to sell the assets of the estate – including property – and disappear with the money.
If something does not look right, it is important to act very quickly. If you have immediate concerns, we can discuss your situation confidentially and take steps to avoid the prospect of you losing your inheritance. Sometimes it will be necessary to make an emergency application for an injunction, for example to prevent the sale of a property. In some cases that can mean a hearing in the High Court within a couple of days of discovering the fraud.
What is forgery in the context of a will?
In English law there are strict rules about the formalities of signing and witnessing of wills which go back nearly 200 years. If these are not complied with then the will is not valid. There are varying degrees of sophistication in terms of how a forgery can be created. It could be a pure fabrication, or it could be based on a genuine will that had actually been signed by the testator. The bottom line is that if the testator’s signature, or a witness’s signature, is faked or appears on the will without their knowledge and permission then the will cannot stand.
What can the fraudster do with a forged will?
Fraudulent applications for a grant of probate
If somebody is prepared to forge a will then they are unlikely to have any qualms about making a fraudulent application for a grant of probate. If the probate registry has no reason to be suspicious then it will issue a grant, and the fraudster will be free to deal with the assets as they see fit. They can obtain balances from bank accounts and sell assets. You will not be able to recover the money from the bank or the property from the buyer if the grant was genuine, even if the will itself was a forgery. This is why it is crucial to act promptly.
Why acting quickly is crucial
Often the fraud is only discovered after a grant has been issued and the will becomes a public document. In this scenario the true beneficiaries are vulnerable if nothing is done to prevent the fraudster from acting.
First steps if you suspect a fraudulent will
Contacting the witnesses
The first thing for us to do is to contact the witnesses. Even if only one of them says that they did not countersign the will then the will is invalid.
Applying for an interim injunction
A formal statement to that effect from the witness will normally be enough to persuade a judge to make an interim injunction to ensure that no assets can be dealt with until the validity of the will has been determined. Of course, matters would be less straightforward if the fraudster simply made up the names and addresses of the witnesses.
Consequences of a finding of forgery
If a court decides a will is forged, probate will be refused or set aside. The estate will then be dealt with under any earlier valid will or, if there is none, under the intestacy rules. Forgery can also lead to serious criminal issues and costs consequences for the fraudster.
Practical steps if forgery is suspected: act fast!
If you have an interest in the estate and suspect forgery, you should act quickly. The first steps are to protect the estate, secure the paperwork, and – if it has not already happened – stop a grant of probate being issued in respect of the suspicious will.
Entering a caveat to block probate
In this situation a common step would be to enter a caveat to block the grant. Investigative work could involve obtaining copies of the will and any earlier wills, and collecting signature samples and witness details.
Protecting estate assets after a grant has been issued
If a grant has already been issued, you may need to monitor estate assets to prevent them being sold or transferred, for example by putting an alert on the property at the Land Registry. As outlined above, the grant allows executors to deal with estate property and protects innocent purchasers. It is much harder to trace and retrieve money once it has been spent, so acting promptly is crucial.
Emergency injunctions to prevent a property sale
If a sale of a property is imminent then an emergency injunction may be the only way to protect the true beneficiaries.
If you suspect a will has been forged and need specialist legal advice and urgent assistance, please contact Jason Oliver or Jacky Sykes, who will be happy to help you.
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