More and more we are seeing problems amongst family members over out of date wills or situations where no will has been made. This often leaves family and loved ones in a position where the assets of the deceased are distributed to the “wrong” people.
This week on a repeat showing of Fake Britain (BBC1), a programme first aired two years ago, a case was highlighted showing how a father tried to defraud his own son and sister from inheriting what his father had left them in his will by producing a “fake” will.With this, he was able to access money from the bank and even put the family home on the market before his crime was discovered!
Handwriting experts and other evidence from the solicitor who had drafted the will enabled the real will to be enforced but the whole process ended up ruining family relationships and costing a lot of money. It also resulted in a criminal conviction and suspended sentence for the father, who had drafted the “fake” will.
The case went all the way to the doors of the court and would have cost the defrauder a considerable amount. He had to repay the amount he had obtained from the bank to his son and sister to comply with the will, and in all likelihood would have had to pay both his own and his son’s and sister’s legal costs. Sadly, the whole episode also cost him his relationship with his own family.
Family situations are very different from what they used to be and wills are so important to ensure that those loved ones, who may or may not be related through blood or marriage, benefit, whilst those who are not so close may be excluded from or given a reduced benefit.
If a loved one had died and left an out of date will it may be possible to put things right after the event, if advice is sought and action is taken within two years of the death by a Deed of Variation, but this does depend on the individual circumstances.
If you suspect that someone is trying to prove a “fake” will, we can take action to stop matters escalating if we are instructed in a timely manner following the death. We can then make proper enquiries and forensic investigations to ensure everything is done as it should be.
Producing a “fake” will is never the answer, but making and regularly reviewing your will is. Even if there is nothing to be changed it pays to check the people appointed to administer your affairs after your death are still capable and willing to do this, and those beneficiaries are still the people you want to inherit. At RMP we recommend a 5 yearly review to ensure everything is up to date and in order.
Please do not leave it too late to book your appointment for a will. It costs a lot less than leaving matters to chance.
If you have any concerns over a loved one who has died where things seem unclear or problematic please book an appointment with one of our advisors. It is better to address matters as soon as possible rather than putting it off, as time limits are of the essence.
“Fake” Wills are not the answer. But good and timely advice and action is speak to member of the RMP team today, don’t delay.
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