Fraudulent Will Disputes in NSW
Because Your Loved One’s Final Wishes Should Be Respected … Not Rewritten
Seeking Justice in Forged and Fake Will Situations
A Fraudulent Will or forged Will is invalid under NSW law. Fraud may involve deception, a forged signature on a Will, or misconduct by an Executor. These disputes can have serious consequences for families, estates, and the perpetrator.
At Falzon Legal, we know how emotionally affecting it is to have these suspicions and to question the alleged wishes of the deceased. With compassion and genuine understanding, we guide you gently through the process of disputing a Will … standing up for the recently passed and allowing their true intentions to be heard.
What Is a Fraudulent or Forged Will?
Fraudulent Wills are extremely serious … undermining the very sanctity and trust placed in Last Will and Testaments. Furthermore, while they are treated as a civil matter under Estate and Probate law, forgery can also extend into criminal areas.
Examples of Fraudulent Will Cases
Entirely Fabricated Wills
A document, pretending to be the deceased’s Last Will and Testament, but is actually the complete creation of someone else, and not signed by the recently passed. Serious suspicions can arise if a new Will suddenly appears after death.
Forged Signatures
The signature on the document isn’t that of the Will-writer (Testator), or at least, it doesn’t look like their handwriting. This may need some forensic analysis from a handwriting expert.
Altered or Substituted Pages
This is when a genuine, signed Will has had pages altered by someone other than the Testator … or pages have been removed and new ones added. Hence, while it appears legally executed, the contents have changed.
Testator Being Misled
Also known as fraudulent misrepresentation, it’s when the Will-maker is tricked about what they are signing. For example, they might be told they are just signing an innocent admin form, when actually they are providing an inheritance to a deceiver.
Concealment or Destruction
A perfectly legal Will is intentionally destroyed by someone or hidden by them. This may give them a greater share of the estate inheritance … perhaps through a forged Will, an earlier Will, or through intestacy rules.
Falsifying Dates
The date of the Will is altered by someone wishing to mislead. Adding an earlier date could mean it’s disregarded in favour of another Will … creating a later date gives the amended Will the authority. It depends on what works best for the deceiver.
Proving forged Will cases can be legally complex … but possible. Since the evidence typically used to demonstrate counterfeiting are handwriting analysis, expert reports, and close examination of suspicious timing or circumstances … experienced legal guidance is vital.
Have Suspicions a Will Is False, Amended, or Compromised?
Executor Fraud in Relation to Wills
Perhaps, in all cases of suspected Fraudulent Wills, an Executor acting deceptively is the most serious and upsetting. The recently passed chose and trusted their named Executor to carry out their final wishes. When they break that trust, it’s nothing short of complete betrayal.
Examples of an Executor Acting Fraudulently Can Include …
- Destroying a valid Will.
- Hiding a legal Will.
- Showing a fraudulent or forged Will to the court.
- Altering or substituting parts of the Will to benefit themselves.
- Not disclosing the full assets of the estate.
- Falsifying accounts.
- Undervaluing assets to deprive beneficiaries.
- Withdrawing estate funds for personal use.
Possible Signs an Executor Is Acting Fraudulently
As the Executor has complete authority over the recently passed’s estate … noticing that something fraudulent is occurring can be difficult. Although in many cases seemingly suspicious actions are completely innocent, early indicators of possible deception or fraud could include:
- Executor being secretive.
- Extended delays without any explanations.
- The Executor being strangely evasive when asked questions, or avoiding contact completely.
- Talking to some beneficiaries, but not others.
- Lack of clarity about what the estate includes.
- Advising you, there’s no need to speak to a lawyer.
- Estate incurring excessive and unnecessary expenses.
- Executor suddenly making unexplained or extravagant personal purchases.
Think the Executor Isn’t Acting Honestly?
Contesting a Forged Will
If you decide to take action due to knowledge or suspicions of a Will being changed, altered, switched, or fabricated … you’re making a Will challenge, questioning its validity.
Challenging a Will – Who Has the Actual Right?
Anyone with a legitimate financial interest in the estate can mount a challenge if they believe a Will is fraudulent. This includes:
- Beneficiaries named in the current Will.
- Beneficiaries previously named in an earlier version of the Will.
- People who would, if the Will didn’t exist, be entitled to a share of the estate through intestacy rules.
- Executors who believe the Will is not genuine.
Why Fraudulent Will Claims Arise
Fraudulent Will claims often begin when there are unusual or inconsistent circumstances surrounding the creation, signing, or alteration of a Will. Most commonly, this is due to:
- An expected or morally entitled beneficiary being surprisingly excluded.
- Suspicious circumstances – from inconsistent pages to uncontactable witnesses.
- The Executor not performing their fiduciary duties.
- A new Will suddenly appearing.
- A single beneficiary receiving a remarkably large and unexpected inheritance.
- The Will-writer’s signature looking strange or uncharacteristic.
Looking for an Understanding Ear To Hear Your Concerns?
How To Prove a Will Is Forged in NSW
- The purported deceiver was involved in the deception.
- The deception was performed in order for them to gain benefit.
- The gifts or assets were made due to the deceit.
The Process of Proving a Fraudulent or Forged Will in NSW
- Investigating suspicious circumstances – exhaustively exploring all avenues to discover if a Will has been forged or altered.
- Telling interested parties – contacting beneficiaries and the Executor, and informing them of the allegations.
- Collecting handwriting and forensic evidence – expertly looking at signatures, handwriting, and ink to see if it’s real.
- Witness testimony and expert reports – eye-witness accounts from when the Will was signed and professional opinions.
- Digital and document proof – looking at everything from metadata to correspondence and searching for post-death amendments.
- Earlier Wills or drafts – comparing previous Wills to look for unexpected, sudden, or inexplicable changes.
- Investigating motivation – seeing if the alleged fakester was in financial dire straits.
- Preparing and presenting evidence to the court – building powerful, evidence-backed arguments to prove fakery.
Time Is Really Critical – Safeguard the Evidence, Protect the Estate, and Prove Fraud
Defending Against Allegations of Fraud or Forgery
If you, as an Executor or beneficiary, are accused of deceptive behaviour, the insinuation can be devastating. At Falzon Legal, we are here to robustly defend the integrity of implicated individuals, the sanctity of the Will, and the intentions of the deceased.
- Forensic authentication – showing, with proof from experts, that the signature and document are real.
- Witness and solicitor affidavits – statements from the co-signing witnesses and drafting solicitor stating that the Will is exactly as it was executed.
- Distribution logic – demonstrating that the Will’s asset distribution matches the values, intent, and relationships of the deceased.
- Executor support – showing that the Executor, if accused of failing to meet fiduciary responsibilities, has acted justly, promptly, and openly.
- Challenging opposing evidence – cross-examining the claimant’s evidence to prove inaccuracy, inconsistency, or errors.
- Timeline – showing when the Will was drafted and executed, and that it fits the deceased’s intentions.
- Documentation review – producing correspondence, earlier drafts, and solicitor notes to show the Will’s authenticity.
The Court Process for Fraudulent Will Disputes in NSW
Mediation
Mediation gives all parties a chance to sort out disagreements early … reducing the time and money cost of court, and preventing stress and worry. But, if the claimant wishes to prove serious fraud, or the actions are possibly criminal, mediation may not be suitable.
Court
If mediation doesn’t find a solution, then the matter goes to the Supreme Court. Here, they listen to all the relevant evidence, and then make a decision on whether the Will is valid and whether Probate may be granted.
Through the entire process, Falzon Legal is by your side … bringing calm, understanding support and representation to protect you and your loved ones’ rights.
How Falzon Legal Can Help With Fraudulent Will Disputes
We assist you by:
✔ Investigating suspicious Wills – performing a thorough investigation of dubious circumstances and all relevant evidence.
✔ Representing clients in mediation or court – first seeking peaceful resolution through mediation, then if necessary, acting on your behalf during hearings.
✔ Protecting estate assets and restoring fairness – upholding the genuine wishes of the deceased, lodging caveats, preventing unacceptable grants of Probate.
FAQs About Fraudulent Wills
What Is a Fraudulent Will?
A Fraudulent Will is one that was made through trickery, forgery, deceit, or deception. As it doesn’t show the true wishes of the deceased, but those of an unscrupulous deceiver, it is an invalid Will.
How Can You Prove a Will Is Forged?
With expert testimony, witness affidavits, handwriting analysis, and forensic examination … it’s possible to prove forgeries. An experienced lawyer, such as Falzon Legal, will pursue all avenues to uncover the truth.
What Happens if an Executor Lies or Acts Fraudulently?
If an Executor behaves fraudulently or speaks untruths, they are not fulfilling their fiduciary duties. They may be removed by the Supreme Court, and, if there are losses incurred due to their intentional misconduct, be found personally liable and made to repay monies.
Can a Forged Will Be Contested After Probate?
Yes, it can. But, challenging before Probate is much simpler … it can be difficult if assets have already been distributed to then try and get them back. That said, Probate can be revoked if evidence of fraud comes to light.
Can an Executor Be Removed for Fraud?
Yes! Executor fraud is a heinous act … as the recently passed put their complete trust in them to follow out their instructions. If fraud is proven, the Supreme Court can order the Executor’s removal.
What if a Fake Will Is Discovered Later?
Get legal advice straight away! If a Will is proven to be faked … and Probate and allocation have already occurred … the Supreme Court can declare the Will as invalid and order the estate to be redistributed.
Have More Questions About Fraudulent Wills?
Speak With a Will Disputes Lawyer About Fraudulent Wills
Falzon Legal stands steadfastly by your side in the face of Will fraud or forgery. Relentless in our pursuit of what’s right, through compassionate support and tireless investigations … we will reveal the truth, restore your rights, and defend the true intentions of a loved one.