What is forgery?
Forgery occurs where:
- a signature on a will is not genuine
- the document has been altered
- the will was not signed by the testator
Forged wills are invalid, regardless of the testator’s intentions.
Forgery and fraud
Allegations of forgery or fraud are among the most serious in will disputes. Forgery involves the falsification of a will or signature, while fraud involves deliberate dishonest conduct which induces a person to make or revoke a will, or part of it, in a way which doesn’t reflect their true intentions.
Linked both to fraud and undue influence is fraudulent calumny which involves a person poisoning the testator’s mind against someone who would otherwise have benefited.
These are serious allegations and require careful investigation and strong evidence.
What is fraudulent calumny?
Fraudulent calumny arises where someone:
- makes false statements about another person
- knows those statements are untrue
- intends to influence the testator
- causes the testator to change their will
This can include allegations about behaviour, relationships or intentions.
One of the leading cases on this is Re Edwards [2007] EWHC 1119 (Ch) in which Hugh James acted for the successful claimants in setting aside the will.
When do forgery or fraud claims arise?
Such claims often arise where:
- the will is inconsistent with long-standing intentions
- there are unexplained changes late in life
- key individuals were excluded unexpectedly
- the circumstances of signing are unclear or unusual
How are forgery and fraud proved?
Evidence may include:
- handwriting and forensic expert reports
- ink, paper and document analysis
- witness evidence about signing
- correspondence and communications
- evidence of false statements made to the testator
These cases are evidence-heavy and often highly contested.
How Hugh James can help
We have experience handling complex fraud and forgery claims. Our team works with forensic experts and investigators to build robust cases and protect clients’ interests.
Key contact
Roman Kubiak TEP
Partner
Roman Kubiak is a Partner and Head of the market leading Private Wealth Disputes team.
He advises across the whole spectrum of private wealth disputes, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.
Next steps
We’re here to get things moving. Drop a message to one of our experts and we’ll get straight back to you.
Call us: 033 3016 2222
Message us