When grieving the loss of a loved one, discovering irregularities in their Will can be distressing and confusing. If you suspect the Will was forged or that your relative was pressured or coerced into signing it, you may be left wondering what steps to take.
Recent cases that have been widely reported have demonstrated the prevalence of forged Wills and those incidences where parties are coerced into making Wills.
Earlier this year in March 2025, a brother won a case against his sister who had propelled her dying mother’s hand to sign a new Will just 8 days before her death, to cut him out as a beneficiary and bequeath all of her mother’s estate to herself.
Another recent BBC reported case of Harverson highlights the risks of criminal gangs exploiting the current system. Harverson died intestate and a man claiming to be a dear friend presented an alleged Will naming himself as the executor and sole beneficiary set to inherit all assets including a Wimbledon house worth potentially £1 million. It was only when sisters were alerted by an heir finder company that they became aware of their inheritance and the subsequent probate application.
Such cases demonstrate the risks of those who are vulnerable and those without close family. It has even resulted in the government taking the Bona Vacantia list of the unclaimed estates offline, to avoid fraudsters obtaining these details.
If you have reason to believe a Will is forged or the deceased was coerced into altering their Will, you may wish to challenge its validity.
A Will can be challenged for various reasons including:
· The person did not have the testamentary capacity to make the Will
· The party has been coerced and pressurised into making a Will (this is also known as undue influence)
· The Will is fraudulent or forged
· The Will was not executed correctly
It is important to get legal advice on this as soon as possible and ideally before a grant of probate is obtained.
If the Will is valid but you feel you have not been properly provided for, you may also be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 to be provided a reasonable financial provision. Any claim in this regard will need to be brought within six months of the date of grant of probate so it is again imperative to get legal advice at an early stage to avoid potential difficulties.
If you are wishing to contest whether a Will is valid or feel you have not been properly provided for, please get in touch with Louise Mackay in our Dispute Resolution department on lmackay@berryandlamberts.co.uk or call us on 01892 526344.
For further information on Will disputes, please click here.
We offer an initial fixed fee service for £195 plus VAT to provide preliminary advice and help guide you to the next steps.
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
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