10 Signs That A Will Maybe Fraudulent: Forged Wills
The following is a list of the top 10 signs that a will may be fraudulent. Fake Wills, Forged Wills, Forgery whatever the case maybe, if you have two or more of the items on this list it may be worthwhile to speak to an attorney because you may be dealing with a case of a fake will or forged will. While someone making a will may have the right to do any of these things list below, they often lead to suspicions that the decedent/testator was either incapacitated at the time he or she made a will or that he or she did so under the undue influence of someone with substantial access and control, or worse that the will is a fake. So while not exclusive, if you have a few of the items listed below you may be dealing with a fake will or forged will.
- A Death Bed Will. Any testamentary instrument Will, Codicil, Trust Agreement, etc. that is executed by a person whose death is imminent is immediately suspect.
- A will, trust or codicil, which excludes a spouse or child for no
- apparent reason.
- A will, trust or codicil, which benefits one person to the exclusion of
- others for no apparent reason.
- A will, trust or codicil, which primarily benefits non-relatives.
- A will, trust or codicil, which benefits home health care workers.
- A will, trust or codicil, which benefits a trusted adviser (i.e. the decedent’s lawyer, clergy, accountant, doctor, stockbroker, etc.).
- A will, trust or codicil that directs a large portion of an estate to a religious organization. This is especially suspicious if the decedent was not particularly active in the organization or only joined shortly before their death.
- A will that was not signed and witnessed in the presence of an attorney (when an attorney supervises the execution of testamentary instruments there is a presumption of regularity).
- The decedent executed multiple wills in the two years prior to their death.
- A will, trust or codicil, which was allegedly executed at a time when the decedent suffered from medical or mental ailments.
Bonus. Assets are given away prior to the decedent’s death by power of attorney (especially if the agent named by the P.O.A. is the recipient of the gift!).