Forged Wills & Probate Fraud

Most claims take less than a year and don’t have to go to court. However, every case is different and time spans depend on the type of dispute and your individual situation.

Some disputes can be resolved quickly in a matter of months, but others might take years to conclude and involve going to court several times.

We’ll advise you at the start how long we think it will take. Whatever the situation, we always aim to resolve your dispute as quickly and efficiently as possible. We understand that this is a difficult time, and we’re here to help you through.

The cost of a Will, trust or estate dispute varies from case to case, depending on time, complexity, and whether or not you have to go to court.

A dispute can be settled at any time if the parties can come to an agreement, and they can then decide how to split the costs between them. However, if an agreement can’t be reached and the case has to go to court, the court will decide how the costs will be paid.

How can I cover the cost of my claim?

There are various ways you can cover the cost of your claim, depending on your case. These include:

• Legal Expenses Insurance
• Conditional Fee Agreement (‘No Win No Fee’)
• Payment on conclusion
• Private monthly billing
• Litigation loans and third party funding.

We understand that funds and assets may be tied up in the disputed estate, and we’ll be as flexible as possible to ensure that’s not another worry on your mind. We’ll discuss the different payment options with you at the start.

We understand that the death of a loved one can be a distressing and difficult time, and we’ll do everything we can to make sure your claim is as stress-free as possible.

We’re happy to meet with you at one of our offices – or if you prefer, we can deal with everything by phone or email. We can also come and meet you at a place that’s convenient for you.

We have clients across the country and will always strive to make everything as convenient for you as possible.

Anyone who has an immediate or potential interest in the estate can contest a Will if they are concerned about its validity. This could include:

• Family members
• Friends
• Business partners
• Employees Other beneficiaries.

You may be concerned that a Will is forged or otherwise fraudulent if it differs considerably from what you thought were the deceased’s intentions. For example, you may have had a pre-death agreement with the deceased that isn’t reflected in the Will.

Significant changes from a previous Will might also indicate fraud, particularly if the two Wills were written in a relatively short space of time.

We will enlist experts to analyse the Will and assess whether it has been forged. A handwriting expert, for example, can help determine whether a signature or even an entire handwritten Will has been forged.

We’ll then use this evidence to support your claim.

Fraud prevention is one reason Wills must be signed in front of two independent witnesses. These witnesses may also be able to give evidence that a Will has been forged.

If we prove that the deceased’s signature or an entire Will has been forged, the Will is then invalid. The estate will be administered according the deceased’s most recent valid Will from before the forgery. If there is no earlier valid Will then the estate will be distributed according to the Intestacy Rules.

Read more about what happens to an estate if there is no valid Will.