Fraud is an ever present threat in the digital age – property and identity are documented and publicised. But the extent of Will fraud is not known and the lack of a single compulsory Wills Register makes any research harder. It may account for the rise in number of challenges to Wills. This means that records of the making of a Will and the reasons behind its provisions are of increasing evidential importance.
Will fraud would occur where the last dated and most recent Will is destroyed to enable an earlier Will to be put forward as the ‘Last Will and Testament’. It is not unknown for a completely false Will to be put forward where the signature on the Will is not that of the alleged Testator. The law requires independent witnessing of wills and without connivance by the witnesses this type of Will fraud is less likely.
This makes it vital to know the extent of the services that any Will writer may be offering. A solicitor can be asked to advise not only on drawing the Will and its due execution but also on related issues.