Will Fraud in Fairfax

Will fraud occurs when a person is attempting to have an invalid will probated. A will could be invalid because the decedent never saw, read, or signed it. Will fraud in Fairfax could be committed by anyone, but usually, the people involved are family members or other individuals that benefit from the fraudulent will.

For help drafting a will or handling a case of suspected will fraud, get in touch with a qualified Fairfax wills attorney. An attorney could play a valuable role in making sure wills are executed fairly and properly.

Examples of Will Fraud

A specific example of will fraud is a case in which a family member somehow obtained a copy of a draft of a will which the testator never actually signed or reviewed. If the testator died, the family member signed the will, and then they tried to have it probated, that would be a case of will fraud. The family member in this example committed will fraud because they tried to defraud the court into finding that the will was valid.

A case like this could occur when someone wants to benefit from a person’s last will and testament. The motivating factor could be to have the will validated because they were named as a beneficiary. In most cases, a person who is trying to commit fraud by probating an invalid will is trying to benefit from the fraudulent will.

Detecting Will Fraud

Will fraud can be detected by those who know the decedent. For example, if a family member signs a draft copy of a will that was never signed by the testator, this could be identified by a person who was close to the decedent and knew that the signature on the will was not truly the decedent’s signature.

An attorney who is initially working for the testator may also be able to detect fraud. If an attorney worked with the testator on creating the will, they would likely know whether or not the testator had signed it.

Verifying a Will is Valid

Fairfax recognizes wills that are signed by the testator in the presence of two witnesses who attest to the will signing. These are the bare minimum requirements, but ideally, the will should be notarized as well. The presence of witnesses and notarization help confirm that the will is valid, which can reduce the possibility of will contests or will fraud.

Seek Help From a Fairfax Wills Attorney

If you need help drafting a will or you suspect your loved one’s wishes are not being followed, you should seek the services of an experienced trusts and estates attorney. Will fraud in Fairfax can be a hotly contested issue, but an attorney could help by ensuring a will is drafted, signed, and executed properly. In the event will fraud has already occurred, a skilled lawyer could look at the facts of the case and help protect the wishes of the deceased. Reach out to an attorney today to schedule a consultation.