When someone you love dies, it can be difficult to focus on anything other than the grief as you begin to process the loss of someone who meant a lot to you. However, the most important thing that you need to sort out as soon as possible is dealing with the deceased will.
This should normally be a very straight forward process, but it has been known for wills to be fraudulent and, in this case, that means that the real wishes of your loved one are not being carried out.
In this scenario, you need to know the right steps to take should you have reason to believe something is not right with the will, so that justice can be done, and the money and assets left by your loved one can be given to the correct beneficiaries.
What are the indicators?
Dealing with a will is not something you will have to do many times in your life, which makes spotting the evidence of fraud much more difficult. Grounds for contesting a will or countering a fraudulent will can vary. To give you a helping hand, below are some of the indicators to look out for that fraud may have taken place.
- The original will has been destroyed or ‘conveniently’ lost
- The signature isn’t your loved ones
- Two witnesses were not present at the signing
- If you suspect the deceased individual was forced or tricked into signing
- If a caregiver is immediately granted everything in the will
- If your loved one wrote the will without the advice and presence of a legal professional.
- If alterations were suddenly made to the will when the individual was in hospital
If any of these above scenarios have occurred, then you need to seek out legal advice on how to proceed in order to get justice for your loved one and ensure their true wishes are carried out. Will dispute solicitors can be on hand to seek resolution.
How do you practically counter the will?
As mentioned above, the first thing you should do is seek legal advice from inheritance experts to see if a.) you have a substantial claim that the will is fraudulent, and b.) to work out how to proceed from this point to ensure you get the best possible outcome if the case goes to court.
The first thing that you will need to do is gather the evidence that is needed to add weight to actively prove your claim of fraud which, again, a legal investigator can help you to do effectively. After this, you will need to work with the attorney to mount your case and have it presented to a judge. Of course, before this gets taken to a court, a good idea is to have a mediation meeting with all those concerned present to state their cases and evidence in order to try and get to an agreement before going to court in order to save everyone the emotional distress this could cause in the wake of loosing someone you all love.
Will disputes do happen, and being familiar with the processes involved can help you to get what you deserve and, in the instance of a fraudulent will, this knowledge can make the difference between a successful and unsuccessful claim.