The number of forged wills continues to rise
In the last 15 years, will forgery cases have continued to see an increase in numbers. A man has recently admitted forging a will of a relative in an attempt to obtain £300,000 in cash and two properties. The crime was committed because he was miffed about a large portion of the estate being left to a charity.
Such cases highlight the importance of the antifraud formalities imposed by the law in respect of the creation of wills, of which a competent will draftsman or solicitor would be well aware. Allegations of forgery cannot be made lightly and must be set out in detail as to: who would forge the document, why and how did they do it? Those who claim to have witnessed the signature, or any other element, must be cross-examined to check their credibility and to uncover any conspiracy that may have occurred.
The court will consider the evidence of witnesses first and may then consider the effect of expert evidence in respect of handwriting, which in such cases will be crucial. This is a very specialist area of law and you would need expert guidance.
Angelo Micciche, Solicitor