Fraud and Forgery in Wills: How to Detect and Prove It

How do I prove a will is forged or obtained by fraud?

1Forgery means the testator's signature on the will is not genuine — it was written by someone else without the testator's knowledge or authorisation
2Fraud means the testator was deceived into signing the document — for example, they were told it was a different document entirely
3Forensic handwriting evidence from a Questioned Documents Examiner (QDE) is essential for forgery claims — cost £3,000–£8,000
4There is no limitation period for claims based on fraud — if probate was obtained by fraud, the court can revoke the grant at any time
5Criminal consequences may also arise — forgery and fraud in connection with wills can constitute criminal offences including the Fraud Act 2006

Forgery of a will signature requires forensic handwriting evidence from a QDE. Fraud requires proving the testator was deceived. There is no limitation period for fraud-based challenges. Criminal prosecution may also arise. Early specialist legal advice is essential.

Fraud and forgery in will cases are serious matters. They are relatively rare but do occur — particularly in cases of disputed handwriting, wills produced after death, or situations where the deceased was incapacitated and someone else took the opportunity to create or alter a will.

This guide explains the different forms of fraud and forgery, how to detect them, the forensic evidence needed, the legal process, and the criminal law dimension.

Forgery: How It Is Committed and Detected

Will forgery typically involves:

Signing the testator's name on a will without their knowledge or authorisation
Creating a will entirely in a forged hand
Altering an existing genuine will to change beneficiaries, amounts, or other provisions
Producing a will with a false date, making it appear later than genuine wills

Red flags that may indicate forgery:

The signature looks different from other documents signed by the testator
The will appears (on physical examination) to have been assembled from different paper sources
The ink or paper type does not match the supposed date of execution
The will suddenly appears after death having never been mentioned before
Witnesses claim not to have witnessed a will, or their signatures also appear to be forged

Forensic examination by a Questioned Documents Examiner (QDE) is the principal tool for detecting forgery. A QDE can analyse:

Handwriting and signature characteristics compared to genuine examples
Ink composition and age (using Raman spectroscopy or similar techniques)
Paper type and provenance
Printing or typewriting technology used
Indented writing on lower pages (showing documents were assembled from different sources)

A QDE report costs approximately £3,000–£8,000 depending on the complexity. The expert will need genuine comparison signatures from the deceased — found in bank mandates, correspondence, contracts, and other signed documents.

Fraud: Deceiving the Testator

Fraud in will cases involves deceiving the testator into signing a will — for example:

The testator was told they were signing a different document (such as a power of attorney or a form for their bank)
The testator was given a misleading account of who the beneficiaries were
The testator was deceived about the value of the estate they were leaving

Fraud overlaps significantly with lack of knowledge and approval — if the testator was deceived, they may not have truly known and approved the will's contents. Evidence of fraud requires showing the deception and that it caused the will to be made in the terms it was.

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No Limitation Period for Fraud

One of the most important legal aspects of fraud claims is the limitation period. Under the Limitation Act 1980, where a Grant of Probate has been obtained by fraud:

There is no limitation period — the court can revoke the grant at any time after it was issued
A claim can be brought even if many years have passed since the probate was granted
For other types of will challenge, the general limitation period is 12 years (but courts expect prompt action)

This is in contrast to most other contentious probate claims. See our guide on time limits for contesting a will.

Criminal Law Dimension

Forging a will is a criminal offence. Depending on the conduct, relevant offences include:

Fraud by false representation (Fraud Act 2006, section 2)
Forgery (Forgery and Counterfeiting Act 1981, section 1)
Using a copy of a false instrument (section 3)
Theft (where estate assets were appropriated through the fraud)

In serious cases, a complaint to the police may be appropriate. Civil and criminal proceedings can run in parallel. A criminal conviction can assist the civil case, but the civil case does not require a criminal conviction and uses the lower civil standard of proof.

Practical Steps

Enter a caveat immediately to prevent the grant being issued — see how to enter a caveat
Consult a specialist contentious probate solicitor immediately
Preserve original documents — do not allow the will to be removed or photocopied if you can help it
Gather genuine signatures from the deceased for comparison
Instruct a QDE as soon as possible
Consider whether to report the matter to the police

For the broader contentious probate picture, see our introduction to contentious probate and our guide on the grounds for contesting a will. For capacity challenges, see our guide on lack of testamentary capacity. For undue influence, see our undue influence guide. For costs, see our guide on costs in contentious probate. For the non-contentious estate, see our estate administration checklist and our complete UK probate guide.

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