The BBC has reported on the case of Christine Harverson, where fraudsters produced a false will for Mrs Harverson and tried to claim her estate, at the expense of her nearest relatives who stood to inherit the estate under the intestacy rules.
The family were able to prove that the will was a forgery through a number of errors, including that at the date of the will, Mrs Harverson’s husband was still alive but would have been disinherited, and the property whose address had been given for the beneficiary had not yet been built.
The estate had appeared on the bona vacantia list which is available online as a register of unclaimed estates and is used by heir-hunters to find potential beneficiaries.
What we can do
If you suspect that a will is a forgery, we can assist you in carrying out an investigation to secure the evidence needed to move forward. This may include expert evidence from a handwriting expert, investigation into the ownership of property, securing and reviewing financial documents or securing statements from the witnesses to the will. It may also involve tracing further beneficiaries.
We can lodge a caveat immediately to prevent probate from being granted and therefore protecting the estate assets whilst the investigation takes place. If the caveat is challenged, we can enter an appearance to force anyone proving the will to apply to court before probate can be granted.
If necessary, we can take other steps to protect the estate assets if they are in danger of being lost or losing value.
Even if the will has already been accepted by the Probate Registry, we will be able to advise on steps that can be taken to protect the estate assets and prevent the fraudster from dispersing the estate.
Once we have gathered the evidence, we will be able to act on your behalf and guide you through the process of having the will declared invalid. This involves presenting the evidence to the Court and responding to any case put forward by the fraudsters.
Once the will is declared invalid, we will be able to assist with recovering any property which the fraudsters have taken and can assist you with the administration of the estate, including locating any unknown assets, if you wish.
It may also be that you are the beneficiary of a will and someone is making an allegation that it is a forgery. If this is the case, we can advise you on how you can proceed and assist you in gathering the evidence needed to uphold the will.
How we can help
If you have concerns regarding a potentially fraudulent will, WBW can advise you and work on your behalf to advance your case and secure your position. Send us an email at cp@wbw.co.uk or call our client co-ordinator on 01626 202384.
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
