Affidavits and Wills Family law

Challenge a Fraudulent Will

A Will is one of the most important documents that a person creates in his life. As a will specifies what happens to all the personal property of a deceased, some people may try to do everything possible to be included in a will, even resorting to fraud, if necessary.

fraudulent will

Fortunately, in certain circumstances, a will can be challenged. If a competitor can provide evidence that a Will was fraudulently created, he or she may challenge the legality of the document.

Possible methods of fraud
A person who attempts to defraud others of their heritage, try to do it using a number of different methods, including:

False information. Providing the testator with false information in order to get him or her willingness to change.

Blackmail. Threatening to disclose potentially damaging information for the testator to change his will according to the requirements of a third party.

Falsification. One third directly modify the testator or sign a false will on behalf of the testator.

Contest a will supposedly fraudulent
If you have reason to believe that a will is fraudulent, you may be able to challenge the will. Before the will can be challenged, your reasons for contesting the will must be legally valid. Pursuant to the Act, a person to challenge a will must have a financial interest in the outcome of the will. A will can be challenged only on personal feelings or for reasons of sentiment.

When a financial interest has been established, the candidate must have agreed not already active in the will, or must relinquish these assets before the will can be challenged. A person usually has two years to challenge a will, but if there is evidence of fraud, then, this requirement may be extended.