Your last Will and Testament is supposed to be your opportunity to have your final wishes heard after your passing. Unfortunately, some parties use fraud during the Will creation process to enrich themselves to the detriment of the will creator.
Testators and beneficiaries alike have an interest in preventing fraud. When there is evidence of misconduct, the probate court might decide to invalidate the document entirely. If you suspect fraud in a Virginia Beach Will, reach out to a dedicated attorney right away.
Types of Fraud
There are different ways that fraud can become an issue in a Virginia Beach Will contest. If there is evidence that any of these three types of fraudulent efforts resulted in the creation of a will, the court is likely to rule that the document is invalid.
Duress
Duress involves any action designed to intimidate or threaten a person into making a decision regarding their Will that they did not want to make. This often comes in the form of pressure to name someone as a beneficiary or provide them with a larger share of the estate than what was intended. Any evidence of duress can lead to a successful contest in probate court.
Fraud in the Inducement
Fraud in the inducement happens when a person makes a false statement in an effort to get another party to agree to certain terms regarding their Will. These false statements can come in different forms and are generally made in order to get someone to sign a document they would not otherwise agree to execute.
Active Procurement
This type of fraud involves the attempt to alter a Will without the knowledge of the creator. Instead of using duress or trickery to get that person to change the terms, these cases involve acts like swapping documents prior to their signature or lying about the contents of paperwork handed over for a signature. These incidents frequently lead to Will contests.
Making the Case for Fraud
Different strategies are available to establish that fraud occurred during the Will formation process in Virginia Beach. That said, evidence is necessary to prove it. Building a case for fraud can be especially challenging without the support of seasoned legal counsel.
Often, this process heavily relies on documentary evidence. The court will often carefully scrutinize prior versions of the Will as well as correspondence involving its creation. The goal of this is to determine the true intention of the creator. Any documents related to the relationship between the testator and the individual accused of fraud may also be helpful.
In addition to documents, it may also be helpful to rely on witness testimony in some cases. This can include eyewitnesses who were present at the time the Will was created. Anyone with insight into whether or not a document is legitimate could be helpful. Expert witnesses may also be called to testify on matters regarding forged signatures or falsified documents.
Talk to a Virginia Beach Attorney About Fraud in Wills
If you believe there may have been fraud in a Virginia Beach Will that you have an interest in, now is the time to talk to an attorney. Challenging the Will is a possibility, and if the court agrees, it could be invalidated entirely. Reach out today for a private consultation to discuss these issues.