Specialist Contested Probate Solicitors
Can You Contest a Power of Attorney
When someone dies, their will is meant to reflect their true wishes. Sadly, some wills turn out to be fraudulent, forged, or unlawfully influenced — and therefore invalid. At Bonallack & Bishop, our experienced probate dispute team regularly helps clients across England and Wales challenge fraudulent wills, investigate forged signatures, and expose undue influence or concealment.
Whether you suspect a will has been tampered with, hidden, or faked, we can help you uncover the truth and protect your inheritance rights.
Call our highly experienced Contested Probate Solicitors on FREEPHONE 0800 1404544 or one of our four local office numbers for FREE initial phone advice – with absolutely no strings attached.
Why Choose Bonallack & Bishop for Fraudulent Wills and Forgery Disputes
- Experience in handling fraudulent and forged will claims.
- Access to leading forensic handwriting experts and investigators.
- Offices in Wiltshire and Hampshire, acting nationally.
- Clear communication, transparent fees, and compassionate support.
If you suspect a will has been forged or fraudulently altered, contact us today for specialist legal advice. Acting quickly can prevent irreversible loss and protect rightful heirs.
When Can a Will Be Declared Invalid?
A will can be declared invalid for several reasons under UK law. The most serious involve fraud or forgery where the will or signature has been falsified, but other common causes include:
- Undue influence – when someone pressures or coerces the person into signing.
- Lack of mental capacity – if the person didn’t understand what they were doing.
- Failure to meet legal formalities – not properly signed or witnessed.
- Fraudulent concealment or destruction – when someone hides or destroys a genuine will.
If a will is declared fraudulent or invalid:
- Any earlier valid will will take effect, or
- If no earlier valid will exists, the estate will be distributed under the rules of intestacy.
Forged and Fraudulent Wills – Who Has the Burden of Proof?
Fraudulent wills are those that were created, altered, or signed dishonestly — for example, with a forged signature, falsified pages, or deceptive content.
The burden of proof lies on the person alleging the fraud or forgery. You must prove, on the balance of probabilities, that the will is not genuine.
Typical evidence includes:
- Handwriting expert analysis comparing the signature to verified examples.
- Witness statements from those present (or absent) at signing.
- Medical and circumstantial evidence showing the deceased could not have signed.
- Forensic document examination to detect tampering, substitution, or fraud.
Courts treat forged or fraudulent wills extremely seriously — but also require clear, credible proof before setting them aside.
How to Prove a Forged Signature in Court
To prove a will has been forged or fraudulently signed, you’ll need to challenge its validity through the High Court (Chancery Division – Probate).
Your solicitor will need to take the following steps on your behalf:
- Enter a caveat to stop probate from being granted.
- Obtain a copy of the disputed will and any earlier versions.
- Commission a forensic handwriting report from an accredited expert.
- Gather witness statements and medical records showing the deceased’s condition.
- Present timeline inconsistencies (e.g. person in hospital when supposedly signing).
If the court finds the signature or document is not genuine, it will be declared a forged or fraudulent will, and the estate will revert to a valid earlier will or intestacy.
Fraudulent Concealment of a Will
Sometimes, a genuine will is not forged — it’s hidden or destroyed so another version (or no will) can be used instead. This is called fraudulent concealment.
Examples of fraudulent concealment:
- A relative finds a newer will and hides or destroys it because it reduces their share.
- An executor refuses to produce a will to delay probate or mislead others.
- Someone pretends an older will is the latest version to benefit themselves.
- A family member claims there was no will at all, so intestacy applies.
Is it a criminal offence to hide or destroy a will?
Yes — deliberately concealing or destroying a will to gain advantage is a criminal offence under UK law (including the Forgery and Counterfeiting Act 1981).
It’s also a civil wrong: any benefit obtained through concealment can be overturned by the court.
If you suspect a will has been hidden, contact us immediately. Our solicitors can enter a caveat and take urgent legal steps to locate or attempt to compel disclosure of the genuine document.
The Solicitor Has Lost the Will – What Can We Do?
If a law firm or other custodian has lost the original will, there are still legal options.
Possible steps include:
- Applying for probate with a copy of the will (supported by sworn evidence).
- Obtaining witness statements from those who saw it signed.
- Proving the will’s contents and validity through circumstantial evidence.
- Bringing a professional negligence claim if the solicitor’s error caused loss or delay.
Our probate team frequently assists families when solicitors or banks misplace wills — helping you reconstruct the evidence and protect your rights.
How to Recognise a Forged or Fraudulent Wills
While expert analysis is key, certain warning signs can point to fraud or forgery:
- The signature doesn’t match known examples.
- The will was typed or handwritten unusually or in a new style.
- Unexpected beneficiaries appear — often those in control of the deceased’s care or finances.
- Witnesses cannot be traced, or their signatures are suspiciously similar.
- The will was prepared privately without the deceased’s usual solicitor.
- Alterations or missing pages appear in the document.
If anything looks suspicious, have the will checked by a solicitor. Even subtle inconsistencies can uncover major fraud.
Contesting Fraudulent Wills
If you believe a will is forged or fraudulent, swift legal action is vital.
- Seek immediate legal advice from a contested probate solicitor.
- Enter a caveat at the Probate Registry to halt proceedings.
- Collect all potential evidence — emails, letters, earlier wills, handwriting samples.
- Commission expert reports on handwriting or document authenticity.
- Start court proceedings if necessary to challenge validity.
Our lawyers act for both claimants and defendants in fraudulent wills disputes, combining investigative skill with expert witness coordination.
Undue Influence – When Pressure Invalidates a Will
Undue influence occurs when the person making the will is pressured or manipulated into signing it.
Although distinct from fraud, undue influence is often part of the same pattern — especially in fraudulent wills cases where coercion accompanies forgery or deceit.
Common examples:
- A carer or family member isolates the testator and persuades them to change their will.
- A vulnerable person fears losing care or affection unless they alter their estate.
- A new will dramatically departs from long-standing wishes without clear reason.
- The testator signs under pressure from someone present during drafting.
If proven, undue influence makes the will invalid, even if it was properly signed and witnessed.
How to Prove Undue Influence in a UK Will
The burden of proof lies with the person alleging undue influence. You must show that the deceased’s free will was overcome.
Evidence may include:
- Statements from neighbours, carers, or friends.
- Solicitor’s file notes showing pressure or interference during drafting.
- Medical or care home records showing vulnerability or confusion.
- Patterns of dependency or isolation.
Because undue influence is often subtle, it’s proven through a collection of circumstantial facts — but the right evidence can be compelling.
Fraudulent Wills – Is There a Legal Test for Undue Influence?
Yes. Courts follow the principle from Hall v Hall (1868):
“The coercion which the law requires to avoid a will must be such that the testator’s free agency is destroyed.”
In other words, was the testator’s independent judgment replaced by another’s will?
If so, the will is invalid.
Factors courts consider include:
- Age, health, and dependence of the testator.
- The conduct of the alleged influencer.
- Sudden or unexplained changes to the estate.
- Whether the testator received independent legal advice.
What’s The Difference Between Undue Influence And Will Fraud?
They both make a will invalid, but they involve different wrongdoing:
- Will fraud happens when the will or signature is falsified, hidden, or replaced.
- Undue influence happens when the person was pressured or coerced into signing a will they didn’t truly want.
In short: fraud changes the document; undue influence changes the person’s free will.
How Is Handwriting Analysed In A Suspected Forged Will?
A forensic handwriting expert compares the questioned signature with known genuine examples — such as bank records, letters, or ID documents.
They examine writing style, pressure, pen movement, spacing, and rhythm using magnification and digital scanning.
Their report helps the court decide whether the signature or writing is genuine or forged.
In serious cases, the expert may give evidence in court to support or refute allegations of forgery.
Can A Will Be Invalid If The Witness Signatures Are Fake?
Yes. A will is invalid if the witnesses’ signatures are forged or if the witnesses never actually saw the person sign it.
Under the Wills Act 1837, a valid will must be signed by the person making it in the presence of two independent witnesses, who must each sign in that person’s presence.
If the witness signatures are fake, the will fails these formalities and cannot be admitted to probate.
Forgery of witness signatures is a form of will fraud and may also be a criminal offence.
What Happens if a Will Is Found Fraudulent, Forged or Influenced?
Once a court declares a will fraudulent, forged, or invalid:
- Any earlier valid will takes effect, or
- The estate follows intestacy if no valid will remains.
- The executor under the fraudulent will loses authority.
- The court can order recovery of assets already distributed.
- In serious cases, criminal prosecution for fraud or concealment may follow.
These cases often involve family conflict and complex emotions — our solicitors handle them with discretion, expertise, and empathy.
How an Executor Might Commit Will Fraud
An executor is supposed to act honestly and in the best interests of the estate. However, fraud can occur if an executor:
- Destroys or conceals a valid will that doesn’t benefit them.
- Produces a forged or fraudulent will claiming it’s genuine.
- Alters documents or signatures before applying for probate.
- Misrepresents the estate’s assets or debts to benefit themselves or someone else.
- Sells or transfers estate property without proper authority.
- Fails to disclose all assets to other beneficiaries.
Executor fraud is both a civil and criminal offence.
- Civilly, the court can remove the executor, set aside any transactions, and order repayment of misused assets.
- Criminally, they can face prosecution under offences such as fraud by false representation or forgery, which can lead to imprisonment.
Can I Get A Copy Of A Will To Check For Fraud?
Yes. Once probate has been granted, any member of the public can request a copy of the will from the Probate Registry for a small fee.
If probate hasn’t yet been granted, your solicitor can ask the executor or the person holding the will to share a copy.
Having the will examined early by a probate lawyer or handwriting expert can reveal signs of fraud or forgery.
How Long Do I Have To Challenge A Will For Fraud?
There is no fixed time limit for challenging a will on grounds of fraud or forgery, because fraud can sometimes emerge years later.
However, you should act as soon as possible — before assets are distributed — by entering a caveat at the Probate Registry to stop probate.
If probate has already been granted, seek immediate legal advice to prevent further transactions.
Worried about a possible fraudulent will? Our highly experienced Probate Solicitors on FREEPHONE 0800 1404544 or one of our four local office numbers for FREE initial phone advice – with absolutely no strings attached.
