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Fraud

Also known as: Fraudulent Will, Deception, Forgery

Definition

Fraud in wills is the deliberate use of deception, misrepresentation, or dishonesty to manipulate a will's contents or who benefits from it, making the will invalid.

Fraud strikes at the heart of testamentary freedom—the fundamental right to decide what happens to your property after death.

What Does Fraud Mean?

In wills and probate, fraud occurs when deception or dishonesty is deliberately used for personal gain, undermining the testator's genuine intentions and rendering a will invalid. The Forgery and Counterfeiting Act 1981 covers forgery offences (Sections 1 and 3), with a maximum penalty of 10 years imprisonment.

Fraud is broader than forgery. Forgery involves falsified documents or signatures—a subset of fraud. Fraud encompasses any dishonest act to manipulate a will. Fraud differs from undue influence, which involves coercion overpowering the testator's free will. With fraud, the testator is deceived about material facts.

Fraud takes several forms. Forgery involves forging the testator's signature or fabricating entire wills. Deception means misleading the testator about what they're signing. Fraudulent calumny involves deliberately "poisoning the testator's mind" with lies to secure inheritance advantage. In Christodoulides v Marcou [2017] EWHC 2632 (Ch), a daughter lied that her sister had stolen money, causing disinheritance. In Whittle v Whittle [2022] EWHC 925 (Ch), a daughter made false allegations that her brother was a violent criminal, poisoning their father's mind. Both wills were set aside. Destruction or concealment means deliberately destroying a valid will to trigger an earlier will or intestacy.

Proving fraud is notoriously difficult. While fraud is a criminal offence requiring proof "beyond reasonable doubt" in criminal prosecutions, will challenges are civil proceedings using the "balance of probabilities" standard (more likely than not). However, courts still require clear and persuasive evidence.

Evidence includes handwriting experts who compare 10-20 known genuine signatures with questioned signatures, analyzing stroke patterns and pressure. Witness testimony about the will's discovery and the defendant's conduct is crucial. Circumstantial evidence like patterns of behavior, opportunity, and motive supports fraud claims.

If fraud is proven, the will is invalid and the estate passes under the previous valid will or intestacy rules. The perpetrator may forfeit their inheritance under the forfeiture rule. If fraud cannot be proven, challengers may pursue alternative grounds including lack of knowledge and approval or lack of testamentary capacity.

Common Questions

"My sister lied about me to my mother to get cut out of her will—is this fraud?" Yes, likely fraudulent calumny. If you can prove your sister knew the allegations were false and your mother changed her will based on these lies, you may challenge the will.

"The signature on my father's will doesn't look right. How do I prove forgery?" Engage a forensic handwriting expert who will compare the questioned signature with 10-20 known genuine signatures. Gather evidence about the circumstances—who was present, who had access to your father.

"Can I contest if I suspect fraud but don't have proof?" Fraud requires clear evidence—suspicion alone isn't sufficient. However, you may have grounds to challenge on lack of knowledge and approval or lack of testamentary capacity. Speak to a contentious probate solicitor immediately.

Common Misconceptions

Myth: "If I suspect fraud, the police will investigate the will."

Reality: Police rarely investigate suspected will fraud. Will disputes are resolved through civil probate proceedings. You must challenge the will in civil court and gather evidence through solicitors and expert witnesses. The standard is "balance of probabilities," not "beyond reasonable doubt."

Myth: "If someone befriended my mother to get in her will, that's fraud."

Reality: Fraud requires deliberate deception or falsification of documents—not merely opportunistic behavior. Befriending someone to become a beneficiary isn't fraud unless it involves lies, forged documents, or deliberate deception about material facts. Such behavior might constitute undue influence (if there's coercion) but not fraud.

  • Forgery: A specific type of fraud involving falsifying documents—all forgery is fraud, but not all fraud is forgery.
  • Undue Influence: Involves coercion overpowering the testator's free will, whereas fraud involves deception about facts.
  • Contesting Will: Fraud is one of several legal grounds for contesting a will.
  • Invalid Will: Fraud renders a will invalid—if proven, the estate passes under a previous valid will or intestacy.
  • Testamentary Capacity: Fraud can coexist with capacity issues, and both grounds are often alleged together.
  • What Makes a Will Invalid in the UK?: Covers all grounds for will invalidity, including fraud and alternative challenge grounds.
  • How to Contest a Will in the UK: Step-by-step process of challenging a will on fraud grounds.
  • Grounds for Contesting a Will: Comprehensive comparison helping you determine if fraud is the strongest ground.
  • The Inheritance Act 1975 Explained: If fraud cannot be proven, an Inheritance Act claim may be more viable.
  • What is a Caveat and When to Use One: If you suspect fraud, enter a caveat to prevent probate while investigating.

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Legal Disclaimer: This glossary entry provides general information about fraud in wills and does not constitute legal advice. Fraud allegations are serious criminal matters with significant legal, financial, and personal consequences. If you suspect fraud, seek immediate advice from a qualified solicitor specializing in contentious probate before taking any action.