Contesting A Forged or Fraudulent Will

The Warning Signs and How To Challenge Them

Contesting a forged Will can be upsetting and stressful during the grieving process for a loved one. Families trust that a Will reflects a loved one’s wishes. Sadly, forged or fraudulent Wills are a growing cause of inheritance disputes.

If you believe a document has been tampered with, swift action protects both the estate and family relationships.

First Personal Injury works with solicitors who specialise in contentious probate and who can help you to contest a Will

What counts as a forged or fraudulent Will?

There are different examples of fraud and forgery when it comes to Wills. These may include a signature that does match previous ones, to the deceased’s wishes appearing to be inconsistent with the Will. Here are a few examples:

• Forgery – the testator’s signature or portions of the document are faked.
• Fabrication – an entire Will is invented after death.
• Fraudulent calumny – lies told to the testator so they disinherit someone.
• Suppression or destruction – hiding a later genuine Will so an earlier one is admitted.

A Will proved forged is void; the estate then passes under an earlier valid Will or, failing that, the intestacy rules.

Seven Classic Warning Signs

1. Unrecognisable signature compared with passports, cheques or previous Wills.
2. Suspicious witnesses – beneficiaries or unknown individuals who cannot recall details.
3. Sudden, radical change of beneficiaries excluding close family without explanation.
4. DIY document prepared by the main beneficiary with no solicitor involved.
5. Ink and paper anomalies – fresh paper, different fonts, un‑initialled corrections.
6. Timeline conflicts – the testator was abroad, in hospital, or mentally incapacitated on the stated signing date.
7. Only copies exist – the “original” cannot be produced in wet ink.

While any single point may be innocent, but several together justify a deeper dive.

Can a Will be Challenged on the Grounds of Forgery?

Yes. Anyone with “sufficient interest” which is usually a potential heir, can launch a probate claim. However, the burden of proof is on the claimant, but the court expects the clearest evidence before branding something as fraud.

Step‑by‑step process:

Enter a caveat at the Probate Registry to freeze the estate and stop probate from being finalised for six months.

Collect evidence – original Will, earlier versions, handwriting samples, solicitor notes, medical records.

Instruct experts – with the help of your solicitor, check handwriting, forensic ink dating, and capacity, if relevant.

Evidence Weighed by the Court

• Expert handwriting reports.
• Witness statements from those present at execution.
• Solicitor attendance notes.
• Medical capacity assessments.
• Circumstantial indicators – motive, opportunity, inconsistent stories.

Time limits: act promptly even though fraud has no limitations. Any delay risks distribution and missing evidence. Issue a caveat as soon as suspicion arises, ideally within months of death.

Frequently Asked Questions

Is handwriting evidence always needed? Often yes, but circumstantial proof can suffice where the overall picture screams fraud.

Can I access the solicitor’s file? Executors usually waive privilege once the testator has died, and the court can order disclosure.

What if witnesses deny being present? Their denial seriously undermines the Will; the court may invalidate it on that alone.

Take Action Today

Evidence fades and estates can be dissipated quickly. If you suspect a forged or fraudulent Will, the sooner you act, the stronger your position.

Call First Personal Injury at 0333 3582345 or contact us online  and we can call you back at a time suitable for you for a free, initial consultation.

We offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.