Sometimes a will turns out to be fraudulent. As you probably know, a fraudulent will cannot be enforced. Rather, a will that is deemed fraudulent may be challenged by the interested parties.
Here are some of the red lights that may be indicative of a fraudulent will.
When it is not witnessed and signed
Under Texas wills law, a will cannot be oral. Thus, it has to be made in writing. And that’s not all. For the will to be valid, it must be duly signed by the testator as well as two witnesses of sound mind. A will that is not signed could be anyone’s paperwork. As such, it can be successfully disputed and thrown out on grounds of fraud.
When its content is considerably different from what the testator had previously talked about
It is not unusual for the testator to disclose the content of their will to the beneficiaries. In fact, there are benefits to doing so. However, if the will comes out drastically different from the testator’s disclosures, you might have questions. This is especially true if the document disinherits certain family members in favor of a beneficiary the testator recently met. An example would be a situation where the testator appears to have left a significant amount of wealth to a caregiver they recently met at the nursing home.
A properly created will can take the guesswork out of the testator’s intentions when they are no longer around to speak their mind. Find out how you can safeguard your rights and interests if you suspect your loved one’s alleged will is fraudulent.