Forgery in wills: outsmarting the fraudsters and protecting your estate

Posted: 17/01/2025

What might alight your suspicions that a will is forged, and what can you do about it?

It seems that there is not a week that goes by without another ‘inheritance case’ making the headlines. Recently, it has been the turn of two brothers litigating their mother’s £1.2 million estate, where one brother accused the other of fabricating legal documents. What is particularly interesting about this case, however, is that the sibling accused of dishonesty and forgery was a barrister specialising in tax and will disputes.

In the case in question, the claimant brought a claim alleging that the defendant, his barrister brother, fabricated a trust document purporting to give him a 50% share in their mother’s house, as well as producing and supervising the making and execution of their mother’s final will while she was mentally incapable of doing so. This final will departed significantly from her previous will, which treated both sons equally.

The judge found that the trust document was void and the will was invalid, stating that there was compelling evidence that the mother had not signed the trust document herself, the will had not been properly witnessed, and it was made at a time when it could not be proved she was of sound mind. However, in this case, she did not go so far as to make a finding of forgery. 

How to spot a forged will 

By its very definition, a competent forgery may be very hard to detect. However, there are a number of indicators that might alert suspicion such as:

• the ‘will’ is often found by accident in an odd location;
• its sudden appearance, often some time after the testator’s death;
• its homemade appearance, despite the testator having previously drafted legal documents using solicitors;
• the provisions of this later will departing significantly from those in a previous will;
• the signature of the testator not matching their other known signatures, or otherwise appearing unusual; or
• the witnesses to the will are not identifiable or are unable or unwilling to answer questions as to the circumstances surrounding the witnessing of the will.

What to do if there is a suspicion that a will has been forged

It is important to act quickly if there is doubt about the authenticity of a will. Gathering and preserving evidence is key; for example, it is important to retain copies of electronic and hard copy diaries, and details of calendar appointments as these can often highlight inconsistencies surrounding the preparation of the alleged will. Most importantly, speak to an independent solicitor who can assist with any investigations, obtain witness evidence, and if necessary, instruct handwriting or computer forensics experts. 

Solicitors will also advise on how best to present this evidence to the other side, as this can be critical to the matter’s success.

What happens if a will is a forgery

If the will is forged, it will be invalid. The estate would then be distributed in line with intestacy provisions (as though there is no will), or according to the provisions of an earlier valid will. This ensures that the testamentary intentions of the deceased are followed. 

As well as the contested probate proceedings, an individual who commits fraud also runs the risk of a criminal conviction; forgery is a crime under the Forgery and Counterfeiting Act 1981. If the forgery is also an attempt to obtain property or money, the perpetrator could be charged under the Fraud Act 2006, with a maximum sentence of up to 10 years in prison.

How to prevent a will being challenged as a forgery

The most effective way to ensure that a will is not contested on the grounds of forgery (or any other reason) is to instruct an independent solicitor to prepare it. Not only will they advise on how to implement testamentary intentions, they will also ensure that the various legalities concerning the preparation and execution of the will are followed and that it is securely stored until needed. 

If you suspect a will has been forged or need assistance in drafting your will, please contact us. Penningtons Manches Cooper has a team of dedicated private client lawyers who can advise you on the preparation and execution of your will, as well as a team specialising in contested probate claims. Protecting your estate from post-death claims is crucial and by taking proactive steps and seeking professional advice you can save your loved ones from unnecessary heartache and stress. 

This article was co-written by Nikki Carlisle, trainee solicitor in the private client team.

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