Will Fraud and Contesting Wills

When a testator leaves a will and a significant estate is involved, tensions may sometimes arise between potential heirs. Some beneficiaries may feel that they have so much at stake that they will resort to extreme measures to ensure that they are included in the will and get what they want. In some cases their actions may be classified as fraud and the will may be invalid. With evidence, an interested party involved in the will can contest the will on grounds of fraud and prevent it from being probated.

There are a number of ways that a third party can interfere with a will and defraud other potential beneficiaries. If someone provides false information to the testator or attempts to blackmail the testator to have the will modified according to the third party's wishes, the will is fraudulent. Direct forgery of the will by modifying it or providing a false or forced signature is also considered fraud.

If you want to contest a will on grounds of fraud, you first must show that you have a financial interest in the outcome of the will. If the will does not affect you financially and your reason for contesting the will is based only on sentiment, you may not be able to contest the will. With financial interest, however, you can contest a will up to 2 years after it was probated. In some cases involving fraud this statute of limitations may be extended.

Contact Us

If you believe that the creation of a will involved fraudulent action, consider contacting a probate lawyer immediately. He or she can help you contest the will so that it is not wrongfully probated. For sound legal advice and assistance with contesting a fraudulent will, don't hesitate to contact the experienced Austin estate planning lawyers of Slater, Kennon & Pugh LLP today at 512-338-1100.