Legal Grounds to Contest a Will: Fraud

What happens if a will was made through fraud? Under law, it would then be considered invalid. One way to contest a will is to prove that fraud took place and that a beneficiary should be held liable for their actions. If you prove fraud to the courts, some or all of the will may be invalidated and property will pass in a different way according to the state. But how is a beneficiary held liable? According to the law, they must have made a false statement.

Who Can Bring a Fraud Claim? 

Anybody who has standing can bring a claim of fraud in a will case. If you have “standing,” this means that you are an interested person or somebody who can lose or gain due to the will, so it plays an important role in your life. Often times, these cases are brought by the adult children of a deceased parent. They will do so because they believe that their other sibling lied to the parent to receive more from the estate. However, more people than just children can bring these types of hearings.

What Happens if Fraud is Found? 

If the court finds that fraud was indeed found, they will treat that part of the will as if it does not exist. But what happens if the court believes that the whole will was made out of fraud? They will then treat the entire will as if it does not exist. From there, you may wonder what happens to the property of the one who had the will made. The court will apply intestate succession, which is when the state makes a plan for your property. If there is no one to receive the property, then the property will go to the state.

There are many risks when you are working with a will, which is why it is important to seek guidance from a well-versed attorney. We understand the laws regarding wills and can help you every step of the way. Call us today for more.