A will should reflect the true wishes of the person who created it. But in some cases, the will raises more questions than answers. Maybe a caregiver is suddenly left everything. Maybe the signature doesn’t look like it was written by the person who passed away. If you suspect something is off, you may have legal grounds to act. At OC Trial Group, APC, we help families throughout California address suspected will fraud and ensure their loved one’s true intentions are honored.
What Is Will Fraud?
Will fraud occurs when someone uses deception, manipulation, or forgery to create or change a will for their own benefit. It’s not simply about an unfair inheritance or unexpected outcome. Fraud involves intentionally misleading or tricking the person making the will (known as the testator), or altering the will without their consent.
This type of wrongdoing can happen at any point during the process, from drafting the document to presenting it in court. Some common scenarios include:
- A will being changed at the last minute when the testator is ill or vulnerable
- A new version of the will showing up after death that no one knew about
- Family members being surprised by unexpected beneficiaries
If fraud is suspected, the court may step in and determine whether the will should be invalidated.
Common Forms of Will Fraud
There’s no single way will fraud occurs. It can take many forms, including:
- Forgery: Someone signs the will pretending to be the testator or adds pages without their knowledge.
- False representations: The testator is tricked into changing the will based on lies or misleading information.
- Suppression or destruction of a valid will: A newer version of a will may be created while an earlier valid version is hidden or destroyed.
- Impersonation or undue misrepresentation: A person pretends to act on behalf of someone else or withholds facts that would have changed the testator’s decision.
In each of these cases, the intent is to override the testator’s actual wishes and manipulate the distribution of their estate.
Signs That a Will May Be Fraudulent
Sometimes it’s hard to know if a will is truly fraudulent, but there are warning signs that may raise concerns:
- The will benefits someone unexpectedly or excludes those who were previously named
- The signature looks inconsistent or suspicious
- Witnesses were not truly independent or are connected to the person benefiting
- The will appears to have been created in secret or without an attorney involved
- There are sudden changes shortly before death, especially if the testator was ill or isolated
If you’ve noticed any of these red flags, it’s a good idea to talk with a trust and estate litigation attorney to assess your next steps.
Legal Remedies for Will Fraud in California
Under California law, heirs or beneficiaries can file a will contest if they suspect fraud. These cases are heard in probate court and must be supported by evidence. To succeed, the person challenging the will must prove that the will, or part of it, was procured by fraud.
If the court agrees, it has several legal remedies it may take, including:
- Invalidate the fraudulent portions or the entire will
- Reinstate a prior, valid version of the will
- Distribute the estate according to California intestate laws if no valid will remains
- Take other steps to ensure the estate is distributed properly
Keep in mind that deadlines for challenging a will are strict. It’s important to act promptly if you have suspicions.
How OC Trial Group Can Help You
At OC Trial Group, APC, we understand that challenging a will isn’t easy, especially when family is involved. Emotions run high, and the legal process can feel overwhelming.
Our team has experience handling will fraud cases across California. We take the time to review documents, investigate claims, and build strong legal arguments. Whether fraud involved forged signatures, misleading statements, or secret will revisions, we work to expose the truth and protect your rights.
If you believe your loved one’s final wishes were distorted by fraud, we’re here to help you pursue justice.
Contact an Experienced Orange County Will Fraud Attorney
Will fraud is serious, and you don’t have to face it alone. If something doesn’t feel right about a loved one’s will, we’ll listen to your concerns and walk you through your legal options. Contact OC Trial Group, APC today for a consultation.