How to Dispute a Fake Will

Fraud in Will Creation

Will fraud or probate fraud is a serious offense that should immediately be challenged. Unfortunately, cases that require a fake will dispute are continually growing, so it’s essential to recognize the indicators and know how to take action fast. Confirming that fraud has taken place is never easy, so it’s essential to reach out to a trusted firm knowledgeable in probate fraud and estate litigation, such as Heban, Murphree, & Lewandowski LLC.

We’re here to help you recognize fraud and let you know what steps need to be taken to carry out a fake will dispute.

1. Know the Indicators of Fraud

If you aren’t aware that fraud has taken place or you don’t have a trusted legal team on your side, you can’t begin the dispute process, and you may lose out on inheritance or family heirlooms. There are a few common indicators that will fraud has occurred, and you may need to take action.

If you are not allowed to access the original will, or even worse, it has been destroyed, a red flag is immediately raised. If you request to review an original will and are told it no longer exists, you should seek legal advice.

If upon review of the will, you find a signature that is anyone other than the testator, fraud may have occurred. Furthermore, if the testator signs the will, but it isn’t signed in the presence of a witness, it may not be legitimate. The witness is a preventive measure against forgery and fraud, and an essential factor in a dispute over a fake will.

If you believe that a will was signed by the deceased only because they were tricked into doing so, and would not have signed otherwise, it is not a valid will. If the testator signed because they were pressured into doing so, it is called undue influence. This can often occur when the testator is elderly and is pressured to benefit one heir strongly over others for no just cause or reason.

If the deceased had a caregiver and a disproportionate amount of their estate is left to them, it may indicate that fraud has occurred. A caregiver has frequent access and the opportunity to influence or even forge a will unduly.

If there is a significant departure from a previous will, such as the estate being divided among several beneficiaries and then suddenly being left to only one, this may indicate that a will dispute is in order.

If a will was altered while the deceased was in the hospital, there is a chance it was altered illegally without the testator’s consent or when they could not give consent. Additionally, if no trusted legal expert oversaw the will, it may have been fraudulent.

2. Take Immediate Action

If you suspect that a will has been forged or that another form of probate fraud has occurred, reach out to Heban, Murphree, & Lewandowski for assistance as soon as possible. We have over 150 years of combined litigation experience to prevent fraud and take swift action when it occurs.

3. Attempt Mediation Before a Fake Will Dispute

It’s always beneficial for both parties to pursue mediation before taking a case to court, especially when family is involved. The mediation process aims to seek a fair resolution for everyone involved without incurring all the associated court costs. A lawyer should always be present with you during mediation. If the negotiations fall through, you have no choice but to pursue the case in court.

4. Prove Your Case

A trusted legal team can prove to a judge that a fake will dispute is warranted, and fraud has occurred. This means that proper evidence must be gathered in the form of testimony and pertinent documents. This isn’t always easy, and putting together evidence is a multi-step process. It involves witness interviews, subpoenaed records, depositions, expert witnesses, and more. It’s a complex process that requires attorneys experienced in estate litigation to complete successfully.

If you can prove that a signature has been forged on a will, you’ll very likely succeed in your case. With that in mind, we always seek out the expert opinion of handwriting experts and use it as evidence in litigation. The process involves comparing the testator’s previous signatures with the disputed will.

If the probate dispute involves other factors, such as undue influence, lack of capacity, executor fraud, guardianship fraud, spousal elective share fraud, or another type of will contest, it can be more challenging to prove in court.

If you require professional legal assistance with your situation involving a fake will, please contact us for a complimentary case evaluation.