How to Contest a Fraudulent Will
Losing someone you care about is an awful moment that will take you a long time to get used to, but this pain is intensified should you find out that there has been unlawful tampering with the will of the deceased.
It is not a nice thing to think about, but something you may have to confront when it comes down to it. When someone dies and leaves the money and assets accumulated from a whole life’s worth of working and saving, people can potentially have an error in their judgment, and try to take advantage of the situation.
To understand better how to navigate this difficult process, this handy guide will take you through some of the key information you need to know to successfully contest a fraudulent will.
Establishing the validity of the current will
To begin with, you need to clearly establish that the will is indeed a product of fraud and thus not valid. In order to do this, you need to know the signs of indicating fraud to be looking out for, including:
- Whether the original will was destroyed
- If the signature on the will is not that of the testator
- If the will was suddenly altered when the deceased was in hospital
- If the will states that a lot of money has been left to a caregiver (such as hospital staff or workers at a residential home for the elderly)
- No legal expert presided over the will
- There were no witnesses to the will being signed
If any of the above is applicable to your situation, then you have the ground to pursue contesting the will.
Reading up and getting prepared
Now you know that the will is potentially fraudulent, you need to know how to find your evidence that can support your claim.
There may be text messages, emails, or written correspondence that can help with making your contest, but another avenue you need to investigate is general research. By familiarizing yourself with the law around contesting a will and looking at famous cases of will fraud, you will be able to have a strong case from the beginning and be more likely to get the result you want.
Getting the legal aid that you need
The next thing you need to do is get the help of a legal expert to take your contest to the courts and fight your corner. The cost of contesting a will can vary, but many providers will offer a flat fee option or a no win, no fee deal to help you to afford to get the counsel you need when you need it.
Contesting a will is never an easy process, as it often means calling into question the integrity and honesty of your family and closest friends, but it is a worthwhile process to get the justice deserved.
By reading through the points above you may feel more confident in the processes involved, so you can rest assured should this issue become a reality, you know what to do to get the best outcome.