A contested will or provisions in a will may be considered invalid if it was executed due to fraud. In order to determine whether a will was created by fraud, the court will consider four things. First, the court will determine if someone made a false representation to the testator. Second, the court will consider whether the individual making the false representation knew the statement was false. Third, the testator must have reasonably believed the false statement. Finally, the false representation must cause the testator to execute a will the testator would not have signed, but for the misrepresentation.
A common type of fraud in will contests is fraud in the execution. This type of fraud involves the testator being deceived as to either the identity of the instrument the testator signed or the contents of the will. The fraud prevented the testator from knowing the true nature of the of the document being signed, either that it was a will in the first place, or even if the testator knew the testator was signing a will, the provision of that will. Our attorneys can assist you in determining whether you have a basis to bring an action for fraud. |
