A woman has been sentenced to four months of community detention and a year of intense supervision after attempting to claim against a dead man’s Estate using a fake Will. 

The woman knew the deceased well after having lived with him for a few years prior to the man’s death.  The woman took a fake Will in the man’s name to the man’s lawyer and tried to establish a claim on his Estate.  The Will the woman produced had listed her name and her partner as the main beneficiaries. 

The lawyer for the man noticed that the Will was poorly written and didn’t follow the usual format.  The lawyer’s suspicions were further raised when the woman’s mother gave him a copy of a letter which backed the woman’s claim to the estate. 

The lawyer provided several examples that they had on the file of the man’s real signature to a handwriting expert for analysis.  It was found that the woman had forged the dead man’s signature and had created a fake Will. 

The above matter is a rare example of when a Will is invalid due to elements of fraud.  It can also be made invalid if the Will is not properly executed with two witnesses’ signatures and being signed by the deceased.  Wills can also be set aside as invalid if there is undue influence or pressure on the Will-maker.

If you are concerned that someone’s Will is not real and could be declared invalid, it pays to get legal advice and understand your options.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.