Forgery and fraud

Forgery and fraud

Allegations of forgery or fraud are among the most serious in will disputes. Forgery involves the falsification of a will or signature, while fraud involves deliberate dishonest conduct which induces a person to make or revoke a will, or part of it, in a way which doesn’t reflect their true intentions.

Linked both to fraud and undue influence is fraudulent calumny which involves a person poisoning the testator’s mind against someone who would otherwise have benefited.

These are serious allegations and require careful investigation and strong evidence.

What is forgery?

Forgery occurs where:

  • a signature on a will is not genuine
  • the document has been altered
  • the will was not signed by the testator

Forged wills are invalid, regardless of the testator’s intentions.

What is fraudulent calumny?

Fraudulent calumny arises where someone:

  • makes false statements about another person
  • knows those statements are untrue
  • intends to influence the testator
  • causes the testator to change their will

This can include allegations about behaviour, relationships or intentions.

One of the leading cases on this is Re Edwards [2007] EWHC 1119 (Ch) in which we acted for the successful claimants in setting aside the will.

When do forgery or fraud claims arise?

Such claims often arise where:

  • the will is inconsistent with long-standing intentions
  • there are unexplained changes late in life
  • key individuals were excluded unexpectedly
  • the circumstances of signing are unclear or unusual

How are forgery and fraud proved?

Evidence may include:

  • handwriting and forensic expert reports
  • ink, paper and document analysis
  • witness evidence about signing
  • correspondence and communications
  • evidence of false statements made to the testator

These cases are evidence-heavy and often highly contested.

How Hugh James can help

We have experience handling complex fraud and forgery claims. Our team works with forensic experts and investigators to build robust cases and protect clients’ interests.

Key contact

Roman Kubiak TEP

Partner
Roman Kubiak is a Partner and Head of the market leading Private Wealth Disputes team. He advises across the whole spectrum of private wealth disputes, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.

Roman Kubiak advances his clients’ cases with great humanity and efficacy.

Chambers & Partners

Roman is exceptional. He has an expansive mind and is very knowledgeable, but is really practical as well when wading through a problem or a dispute.

Chambers & Partners

Roman is very well recognised in this specialist area of work. He fights his client’s case but is also commercially aware and sensible, and a pleasure to deal with.

Chambers & Partners

Roman Kubiak is described by a client as “tremendously capable, he knows what he is doing. He’s a national figure.” Another source adds: “Roman is exceptionally knowledgeable, he is very pragmatic and very solution-oriented.”

Chambers & Partners

A natural and dynamic leader’, the ‘very impressive’ Roman Kubiak heads the firm’s Private Wealth Disputes team and is noted for his ‘deep knowledge of estates and trusts law’.

The Legal 500

Related services

Private wealth disputes Contesting a will

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