Will fraud is a serious legal issue that involves someone manipulating the creation, execution, or administration of a will for personal gain. It can result in someone’s carefully laid estate plans going ignored, unfairness, and long-reaching conflicts during an already challenging time.
At Harris Law Firm, PLLC, we offer comprehensive guidance on identifying and responding to will fraud, enabling you to do right by your loved one despite someone else’s attempts to bury their true desires. Contact us to learn more.
What Is Will Fraud?
A will is a legal document where a person describes what they want to happen to their property after they die. The will’s creator, the “testator,” must follow specific legal requirements to create a valid will, including being 18 or older and of sound mind. The will typically must be:
- In written form,
- Signed by the testator, and
- Signed by two witnesses.
Will fraud involves someone interfering with a will’s:
- Creation,
- Execution, or
- Administration.
The specifics of will fraud often vary depending on when the fraud occurs.
During Will Creation
Fraud at the will’s creation stage involves manipulation or coercion related to what the will says to do. Typical forms of fraud during this stage include:
- Misrepresentation—providing false information to the testator, leading them to make decisions based on incorrect facts;
- Undue influence—manipulating the testator, often through coercion or pressure, to create or change the will against their true wishes; and
- Will forgery—creating fake documents or altering existing ones to change the will’s provisions.
Will fraud may significantly impact the overall estate when it occurs during the will’s creation.
During or After Will Execution
Fraud can also occur during the execution of the will, meaning when the testator and two witnesses sign it to make it official. Examples include:
- Will forgery—forging the testator’s signature or altering the will’s provisions after it has been signed;
- False witnessing—falsely attesting that the testator signed the will in the presence of valid witnesses when it did not occur; and
- Improper execution—misleading the testator about legal requirements during the will’s signing process.
Fraud during or after will execution can result in significant issues with the will down the road, too.
During Probate Administration
Fraud may arise after the testator’s death during the estate administration. Some examples include:
- Hiding or destroying the original will,
- Submitting a forged or altered will to court, and
- Interfering with documents related to the estate’s assets and distribution.
Recognizing these tactics during probate can help protect the estate from fraudulent claims.
Options to Address and Correct Will Fraud
If you suspect will fraud, you can sometimes address it through negotiation or mediation. Some of those who commit will fraud choose to cut their losses without forcing everyone to go through court, saving time, cost, and face.
For those wrongdoers who refuse to cooperate, you can also resolve the fraud through the legal system using methods like:
- Contesting the will in probate court—proving to the probate court judge that will fraud occurred;
- Seeking injunctive relief—requesting that the probate court pause any ongoing will distribution until you are sure the will is valid; and
- Suing the wrongdoer—filing a lawsuit against the person or people who committed the fraud.
You can sue the wrongdoer directly if you discover someone committed will fraud after an estate is closed. When you do, you may recover what you should have gotten had the will fraud not occurred.
Protecting Yourself from Will Fraud
To reduce the risk of will fraud, consider preventative measures such as:
- Work with experienced estate planning attorneys to create a legally valid will;
- Store the original will you signed in a secure location;
- Inform a trusted person where you are keeping your will;
- Regularly review and update your will when circumstances change;
- Ensure proper execution with qualified witnesses who understand their legal obligations; and
- Maintain copies of important documents and records in a safe, accessible location.
By following these guidelines, you can minimize the risks of will fraud.
How Harris Law Firm, PLLC Can Help
At Harris Law Firm, PLLC, we are committed to helping individuals navigate complicated legal issues like will fraud. We understand the emotional toll estate-related disputes can take.
We offer compassion-centered legal support to guide you through responding to potential will fraud, no matter when it occurred. Contact us today to schedule a consultation and discuss how we can help you navigate your response to will fraud in Mississippi.
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