A commission of fraud with a Will is in many cases very difficult to prove. Nevertheless, these acts of fraudulence are a reality. But is your will fraudulent?

In truth, there’s a variety of reasons why the last Will of a testator might not be valid.

Perhaps there was coercion in some way, or their signature is shown to be a forgery.

In other cases, the testator is simply not of the right mind as they construct and sign the will. For example, if the testator had Dementia when the will undergoes an update. That alone is enough for the courts to consider the Will invalid.

If a Will is fraudulent, then an earlier version of the Will may be the one the law deems valid. If there is no such Will, it’s likely that the government will take over regarding dictating who the beneficiaries are.

How Can You Tell If a Will is Fraudulent?

There are a few warning signs that you should look out for when determining whether a Will is fraudulent or not. Just because the Will doesn’t leave you what you thought you deserve doesn’t automatically make it fraudulent. Some key examples of fraud include the following.

1. Complete destruction of the original Will. Subsequently leaving behind a newer revision that is suspicious to family members.
2. Signature of the Will is either by force, forgery or fakery. You will need to provide examples of their real signature to submit into evidence, though this doesn’t always result in a Will being fraudulent.
3. The Will does not have a witness present at signing, or lacks a witness signature.
4. There are extenuating circumstances that indicate the tricking or coercion of a testator into signing this new Will.
5. If a caregiver takes care of all the testator’s needs for many years. Thereafter, the Will is unreasonably favouring towards them.
6. The Will was not made with legal counsel on hand; it was instead made at home.
7. The Will undergoes changes when the testator was in a hospital or made when they were not of sound mind.

What to Do if You Believe a Will is Fraudulent?

If you believe the Will is fraudulent, you must first have the right to contest a will. But who can contest a Will? Generally speaking, spouses, civil partners, and blood relatives can contest a Will.

However, some non-blood relative exceptions became valid by law in recent years. A surrogate child/adoptee, for example, in all but name can also contest a Will.

If you believe that a Will is fraudulent you will need to follow these steps:

1. Contact Will Dispute Lawyers to see if you have a case.
2. Gather Evidence that supports your claim that the Will is fraudulent.
3. Acquire Witness Reports that corroborate the evidence that the testator was not in sound mind or otherwise subject to coercion.
4. Choose Settlement or Pursue Legal Action to acquire what you believe is a fair deal.

It is important to note that it is very difficult to contest a fraudulent Will. Be very careful in collecting as much evidence and testimonies as you can.

Though it seems like it is obvious that a deceased parent should want to leave behind their estate to their children it is not a legal requirement in the UK. In fact, in the UK adult children often receive nothing.* In turn, that can lead to dissension, and even some desire of these children to contest a parent’s will.

The Inheritance Provision for Family and Dependants Act 1975 allows for certain people of classification to make a claim. They can, effectively, claim that the will does not make sufficient (or, any) financial provision for them or their immediate dependants.

Recipient(s) of the money and estate instead will depend on who was financially dependent on the late party. In this case, the spouse or children under the age of 18.

Why would you need to contest a parent’s will

If you believe you were unfairly left out of your parent’s Will, you do have the right to contest the matter. There are many grounds for contesting a will, but first, you need to understand one central truth about wills.

One thing you will need to account for is that testators have a legal right (testamentary freedom, in legal terms) to leave assets to whomever they like. For example, if a daughter was estranged from her mother, that daughter could be left out of all financial provision in the will.

Perhaps the will was not updated to reflect the deceased’s evolving family situation. Or the will was updated when the parent has Dementia or was otherwise not in their right mind.

Circumstances where you should contest a parent’s will

As stated before, in most cases self-sufficient adult children will not receive assets from their parent’s estate unless explicitly stated otherwise in the Will. If, however, the deceased did not have a married spouse or civil partner, then the estate should transfer to their next of kin.

Please be aware that, unless you’re an only child, other family members all will have their own views on this, whether it’s a case that the father dies or it’s the mother’s estate. For England and Wales, that might also mean they’ll have their own law firm working full-time for their own interests.

How does probate affect the contest of a parent’s will?

If the testator’s will is invalid, you can enter a ‘caveat’ against the state that prevents a grant of probate. Moreover, it’s also possible to contest a will after the grant of probate.

If their mental capacity is in question

Dementia and other mental illnesses that take away a person’s right of mind. Also, it renders useless their ability to make rational decisions are taken into consideration by the courts. Dementia and these other illnesses, however, can be difficult to prove as they fluctuate.

If your parent updates their Will on a “good day”**, then updates to their Will are valid. However, if they update the Will when they were having a relapse, you can contest it.

If there is a cause for suspicion

There are a few signs of fraudulence you should know of. Though difficult to prove, you can win the right to instal a previous will if you do. Some examples of fraudulence include the following examples.

1. A signature that is not your parent’s but a forgery;
2. Trickery or coercion (in essence, undue influence) occurs in your parent’s life before their death;
3. Missing a witness signature or lack of legal representation when making the Will.

You will need to compile a lot of evidence and witness reports in order to prove a Will is fraudulent. If you succeed, you can request to instal the terms of the previous version of the Will (if it exists).

How long to contest a will?

If you suspect there was fraudulent activity surrounding your loved one and their last Will, you will want to contact a lawyer before the Will is entered into Probate. Accordingly, you would need to go to Probate Court to fight for your case.

Otherwise, you can proceed by contesting a Will after probate, so long as you rely on legal representatives to fight for your case.

In most cases, a settlement should resolve your issues. But if it doesn’t, you can always take the matter to court – and it’s best to do it with lawyers who specialise in inheritance issues.

Some more about The Inheritance Experts

Furthermore, the solicitors we work know how to deal with inheritance disputes effectively and efficiently. Therefore, we’re universally committed to securing the best possible outcome for you.

*Unless the Will explicitly states that the deceased children are to be included when dividing up their assets

**A good day is where they have for the most part full control of themselves.

Though one of the worst-case scenarios when a loved one dies is that they leave you without a Will, the opposite can be just as problematic. When there are many Wills left by the testator, how do you choose which one is valid? Indeed, conflicting wills present a myriad of conflicts and confusion.

Why Would Your Family Member Even Have Conflicting Wills?

Your family member could have multiple Wills for a few reasons. Some of the most common reasons include:

1. Revisions.
2. Execution of New Will.

There are a few reasons why they would execute a new will. For example, to simply create a more comprehensive and easy-to-understand document. Especially if their previous Will contains too many revisions.

With Conflicting Wills, Which Will Is Valid?

In most cases with conflicting wills, the valid Will is often the most recent one. If there is any issue, the matter might be resolved in what is known as Probate Court. Once the Court declares this Will valid, that Will becomes the “last Will and Testament.” In turn, they revoke all previous Wills and revisions.

If there are challenges to this will they will need to be made before the Probate Court’s final decision. Some valid reasons for contesting the use of the final version of the Will include the following.

1. There exists a belief that the Will is a forgery. In a similar vein, the Will was written under coercion/undue influence.
2. Another good reason is that there’s a suspicion of the validity of the Will itself.
3. The testator (i.e. the family member who subsequently dies) updates their Will when not in the right mind. For example, if they have Dementia.

It’s difficult to prove the latest Will version was made either under false pretences or in unsound mind. It is up to you or your lawyer to compile the necessary evidence in advance to help you win your case.

When Happens if There Are Challenges to This Will?

What happens when you contest a Will is that it will go to court. If you need help with challenging a Will UK, it is always best to seek out legal advice first. Going in without a reasonable chance of winning could result in a huge personal financial loss.

Choose instead to find solicitors who offer a contesting a will No Win, No Fee service. Accordingly, you can ensure you have a good case against the latest Will and can win.

How Can You Avoid This Confusion?

A good way to help family members avoid such confusion and trauma through an estate is to destroy all previous versions. You can also write “Void” on them, but that doesn’t mean they can’t still be of use to contest your last Will and Testament.

Therefore, it’s best to avoid the situation entirely by removing previous Wills from the equation. If your family members do contest your final Will, they will need to take it up with the courts and prove not just their relationship, but their dependency on your financials.

By removing all other Will revisions from the equation, however, you change the game. Moreover, you should be able to safely and successfully have your wishes brought to fruition.

There are many different reasons that Will Disputes can arise within a family. Here are six ways that you can solve will disputes within your family. Contesting a Will UK differs from country to country, so you will want to contact Will and Probate solicitors for further advice based on where the decades lived within the UK.

To solve will disputes, it seems, you might even bring your family closer together. But we’re getting really confident here: let’s take care of the basics first.

1. To solve will disputes, first: determine if there is a Will

If there is a Will, then that means that your loved one has their official wishes on the record and in a document. This alleviates some (but not all) tension: the law often respects their wishes with a will. In turn, no judge needs to divide the assets according to what the law deems is fair. To avoid (and solve) a will dispute, you need a valid one to analyse in the first place.

What happens when contesting a Will is contested is that the matter is sometimes taken up in the courts. A settlement can occur beforehand, yes, but the final matter if pressed will be determined in a court of law. Again: that’s if there is a Will.

2. And there is a Delay in the Execution of the Will

Every Will should have named an Executor. This Executor will then need to apply for Probate or the equivalent of wherever the deceased (testator) lived. This will give them the right and ability to settle the testator’s affairs and to carry out the Will as the decades wished.

A dispute can occur on the executor if the person in question takes too long in assuming their role. Though there is no legal time limit, a year is often seen as customary. If the Executor takes longer, the family members can then apply to the courts to have a deadline applied to enforce the Executor to act.

3. And there is a Disagreement About the Estate

In general, Britons will dispute a will if they don’t like what they see within it.

If there is a disagreement regarding the Estate about how it is being split amongst the beneficiaries, then there are a few ways to resolve the matter.

For example, say that all the children of the testator receive the family home. In turn, there could be issues as to who actually owns the home. There are most often two common resolutions:

1. The property can put into liquidation, leading to a sharing of the price
2. One child could buy out their siblings. Accordingly, this way the siblings will receive their portion while one child will receive the property.

4. And There is a Disagreement in the Will

If there is a disagreement in the Will, for example, you believe you have been unfairly excluded, then you will need to make your case to the courts. An unmarried spouse, for example, can claim financial dependency and win a portion of the Estate as they were under the testator’s care.

It is important to remember, however, that when contesting a Will this way you must prove financial need. Adult children who were left out of the Will who are self-sufficient rarely win in these cases.

5. And If There is a Cause for Suspicion About the Will

If there is any cause for suspicion about the Will, you will need to prove it. The burden of proof is on you, and therefore you will need to acquire evidence and witness testimonies and present your case in court. If it is determined there has been unfair play an earlier version of the Will may be used.

6. If There Isn’t a Will to Solve Will Disputes

If there isn’t a Will, then the law will determine how the assets will be given out. You will need to take your case to court in order to receive a portion of the testator’s estate.

Dying family members leave behind a lot more than just an empty hole in their lives. They also, in many cases, leave a Will. A Will is a legal document that explicitly states how the testator wishes to divide their assets amongst the people they love. But sometimes, family members get left out of a will.

The testator does not, however, have to leave their estate to their dependents. They can instead leave it to whoever they wish, which can in some cases mean your exclusion from it.

You may have reason to suspect that this was a mistake, or that you’re a victim of exclusion from a will. For example, exclusion might happen because you marry your spouse after their Will’s last update. You’ll need to take your case to court in order to prove your claim.

When You’re Left Out of a Will, Can You Contest It?

The first thing to know is how to contest after you’ve been left out of a Will. The Inheritance Act 1975 lays down clear rules on who can and cannot contest a Will. Therefore, to have the right to contest the execution of a Will, you must be one of the following:

1. The legal spouse or civil partner of the testator.
2. The former spouse or civil partner of the testator (if they don’t re-marry).
3. A child of the testator.
4. A surrogate child of the family, be it blood relation or not.
5. Anyone the testator maintains or cares for.

When Can You Contest a Will?

You can only contest a Will in England and Wales if the testator was a resident and residing in these countries when they die. Although this may change in the future.

Regardless, it doesn’t matter where you, the claimant, live.

What Will You Need to Do If You Contest a Will

If you’re left out of a will, what you need to do depends on your relationship to the testator. A spouse or civil partner can contest the Will, and the court will often conduct “the divorce test.” In other words, they go through the theoretical process of divorce.

How much you could receive in that situation is often what a dependent spouse could hope to receive. The court will consider:

1. The length of the marriage.
2. The contribution made by you towards the home and family.

What you can receive will also depend on:

1. Your current financial situation and needs.
2. The current financial situation and the needs of other claimants.
3. The obligations and responsibilities the testator has towards the other beneficiaries.
4. Disabilities held by all the claimants and beneficiaries.
5. The size of the estate.
6. Other relevant information that is unique to each case.

What is the Likelihood of Success?

The short answer is that, unless you can prove financial dependency on the testator, there is a slim chance of winning. Self-sufficient adult children who were left out of the Will have a very small chance of winning due to their circumstances.

What You Should Do Next

When it comes to challenging a Will, it’s always wise to hire legal counsel. We will help you determine whether or not you have a case. Then, we’ll fight for you to receive your right to inclusion in the Will.

There is a lot of confusion that arises when a family member dies. One such question that is on a lot of people’s minds is the Will-Probate difference.

The question is, how can you tell the difference between wills and probate in the first place? What is the purpose of each of these legal terms? Below, we’ll take the time to:

• explain the differences as it pertains to a deceased person;
• how they pertain to a legal proceeding;
• offer guidance on how they apply to estate administration.

What is a Will?

In the UK, a Will is a legal document that you create and keep updated throughout your lifetime in the event of your death. Its purpose is to insist parties respect your wishes when it comes to who does and does not get left your estate.

In the UK, you do not legally have to leave your dependents in your will.

Whether you do this for personal or practical reasons is up to you. A dependent can later contest your will if they prove financial need. But for the most part, all Wills command respect and those you want to leave your estate, also known as your Beneficiaries, receive what you give them.

You can do more in your will than just name your surviving spouse and Beneficiaries as well. For example, you can also name who you wish to execute your Will, known as the Executor or administrator. You can also name the legal guardians for your dependent children, as well as funeral preferences. It all depends on the grant of probate, of course, and its signoff from legal authority after the person dies.

What is Intestate?

Intestate is what happens when you die without a valid and legal will. When this happens, it is the law that decides who amongst your family members receives your estate. This could also mean portions of your estate go to the government. Having a Will, therefore, is imperative for the law to respect your wishes.

What is Probate?

Probate is part of the process after you die: that said, it is still quite different from a Will. Probate is the legal process that follows your death and often occurs before your Estate is managed. In short, the purpose of the Probate is to appoint Personal Representatives to deal with your assets.

In turn, these personal reps have their own responsibilities.

1. Finalise all bills and pending accounts;
2. Pay off all outstanding debts;
3. Assume responsibility for bank accounts;
4. Sell or transfer property as required or as written out in the Will;
5. Gather assets from different locations to execute the Will;
6. Liquidate if necessary the estate into monetary value;
7. Calculate and pay the remaining income tax;
8. Tabulate and pay the Inheritance Tax (if applicable), and;
9. Execute the will and distribute the estate to the beneficiaries.

In short, Probate is the process where someone applies to gain control over the deceased’s (testator’s) assets for the purpose of finalising their debt and executing their Will. Accordingly, if the testator names an Executor in their Will, this person will often need to apply for Probate within a year.

There can be cases where someone else wants to contest probate, in which case the matter will need to be settled legally. We can help you win your right to execute your testator’s will. Contact us today to see if you have a case.

When Does Probate Become Necessary?

Probate is necessary in most cases, regardless of whether there is a Will or not. They are not necessary for two specific scenarios.

1. A spouse is alive, and they own the assets jointly with the testator.
2. Comparatively, the testator had a small estate.

Otherwise, you will need Probate to administer the estate. If you do not do so, then the estate will remain in limbo as a result. You will need to apply to become the Probate through the government’s website. We can help you through this process, however.

Moreover, we’ll deal with the Government as well as the HMRC on your behalf.