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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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Hi my brother passed away in 2012 and his partner produced

Resolved Question:

Hi my brother passed away in 2012 and his partner produced a will which Danny was supposed to have signed. We knew it was not his signature and have had this confirmed by a Graphologist today. His first will had a trust fund in place for his 6 year old Daughter and the will his partner produced does not have this. The 2 witnesses do not remember seeing Danny sign his will and she did not p probate in place until the very day 1 year n that he passed away. We can see a fraud has been comitted, would you think this is the case?

Regards
Rob Gray
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. It definitely appears as if a fraud has been committed and you should immediately challenge the admission of the will to probate. Essentially, your first step is to enter a caveat so that the will has to be proved in solemn form. This means that the purported executor under the will has to appear in court and prove the will with the aid of the witnesses. As neither witness say they remember Danny signing the will, the will and its proof in court can be challenged. Evidence should also be adduced from the graphologist that this was not his signature on the will. Once the will has been held by the judge not to be the true and genuine will of Danny, then you can get the judge to direct that the will be the subject of police investigation to ascertain who wrote it and with what end in mind. However, the first step is to have the court throw out the will as being a genuine will. I would advise you to get yourself a solicitor who will represent you in challenging the will.

Customer:

Hi probate went through unchallenged on Oct 18 this year. She waited until exactly 12 months to the day to put probate in and she has been given what she wanted.. We have a solicitor in place and we are waiting on a full report from the Graphologist and have a PI looking for Dannys original will. Should we go straight to the police once we get a written report from the Graphologist ? Also the person in question got me arrested for burglary and harrasment both of which I was not charged for as there was no evidence to suggest this was true, it is a very mentally ill person who is looking to cause as much damage to our family as possible. The police are going to see her and have apollogised to me for wasting my time. Can I prress charges on her for what she has done to me ie false allegations etc?

Buachaill :

2. Yes, you can sue her for damages for the false allegations. However, you should get the issue of the will dealt with by going to court and getting its admission to probate overturned. If it is not his true will, then the probate can be overturned. Be aware that the police will treat it as a civil matter unless you go to court and get the will overturned. So you need to go to court before you go to the police. You should chat with them in advance, but police will not get involved where a will has been validly admitted to probate, which has happened here.

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