Challenging a Will
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Fraud or Forgery
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The fourth main way to challenge a will is to show that the will was a product of fraud or forgery.

Fraud and forgery are very difficult to prove because innocent or negligent mistakes (even if absolutely wrong) are not enough. There must be intent to commit the fraud or forgery.

The two main forms of fraud include (i) fraud in the execution and (ii) fraud in the inducement. Under fraud in the execution, a fraudulent person has the testator sign a will that has been fraudulently created without the testator’s knowledge. Under fraud in the inducement, a fraudulent person misleads the testator with the intent to deceive him or her in order to change to the will.

On the other hand, forgery is signing the will of the testator without his or her consent.

If you can prove fraud or forgery, courts will generally invalidate the whole will.

Finally, let’s wrap up this article with some main points to consider and mention some times when you may want to avoid using a will.

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