Signs of a Fraudulent Will

 Posted on February 13, 2025 in Estate Planning and Probate

If your intuition is telling you that something is wrong with your loved one’s will, it would be wise to investigate further. The signs of fraud in a will can be subtle, or they may be glaring. If you knew your loved one well and are shocked by the contents of her will, surprised that she had one at all, or find the date of execution questionable because your loved one became incapacitated towards the end of her life, you should speak with a San Antonio, TX probate attorney promptly. Fraud is a fairly common problem in estate planning. Elderly people are often easy for bad actors to take advantage of in this way. People seeking to commit estate fraud may forge a will entirely, write a will, and then instruct an elder to sign it without explaining it or change a person’s will without authorization. It is important to act promptly if you suspect that your loved one’s will is fraudulent. It is best to file a contest within a few weeks of the will being introduced to probate.

Unexpected Beneficiaries and Fraud 

One of the most common signs that something is amiss with a will is when an unexpected beneficiary receives a substantial gift. For example, say your mother has many children and grandchildren and has always talked about handing her property down to them when the time comes. When it comes time to probate her will, you find that she left a lot of her property, including several family heirlooms, to her neighbor of just a few years. This could be a sign of outright fraud or possibly a sign that the neighbor exercised undue influence over her decision-making.

This type of fraud is often quite obvious to a victim’s family and can easily result in the fraudster being criminally prosecuted.

Fraudulent Wills Made After the Testator’s Incapacity 

Fraudulent wills are often created after the testator has become incapacitated and can no longer act to prevent fraud. Fraudsters rely on the idea that the people they create false wills for are no longer able to speak up or create a legitimate will. It is important to carefully check the date on your loved one’s will. If the will was created at a time when you know your loved one was incapacitated and could not have signed a legal document, the will may be a fake.

When The Discovery of a Will Was Unexpected 

If you were not expecting to find a will at all, it makes sense to carefully verify whether the will is genuine. If you know that your loved one refused to do any estate planning or, conversely, had a carefully designed estate plan that relied on trusts rather than a will, it is reasonable to be suspicious when you find a will at all.

Contact a San Antonio, TX Probate Litigation Attorney 

Geoff Mayfield, Attorney at Law is dedicated to preventing fraud in estate planning. Aggressive Comal County, TX contested wills lawyer Geoff Mayfield is highly experienced in detecting fraudulent wills. Contact us at 210-535-0870 for a complimentary consultation.