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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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HiI am the victim of a fraudulent will. My fathers did

Customer Question

Hi I am the victim of a fraudulent will. My fathers did not make a will. His partner submitted a fraudulent 'Home Made Will' to probate and had his property registered in her name cutting out his immediate family from any inheritance. The will has been examined by forensic handwriting experts and conclude that ' it is unlikely that my father had signed the will' I have sent the report to both probate and land registry to note this conclusion. My concern now is that the property can be sold. Would a buyers solicitor be aware of the report lodged with probate and land registry and therefore not be able to conclude a sale? Is there anything else that can be done to reverse the situation - i believe that CPS may not take up the case for criminal prosecution and a civil law suit would be expensive.

Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if you have contacted the witnesses who witnessed the will please? The will requires as you will know two witnesses?What response have you received from the probate registry?Do you ave a copy of the previous will?
Customer: replied 1 year ago.

I have been advised not to contact the witnesses - i do know them - they are the sister and brother in law of my late fathers partner. The response from probate was minimal (as my solicitor only gave limited information) I would need to follow a formal application before they can make a judgement. yes i have a copy of the will and the report from forensics.

Expert:  Joshua replied 1 year ago.
Thank you. From what you say you will need to consider bringing action to revoke the grante of probate and challenge the will. You will likely wish appoint a solicitor to assist you with such an application for the application can be made using the following form:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=424 as part of the application, you will need to provide expert witness statement and subpoena the witnesses to the will to give evidence as to the execution of the will. I the meantime it is worthwhile considering giving notice to your father's partner of your intention to challenge the validity of the will and lay claim to the estate. If you are concerned that there may be a distribution of assets, you may wish to consider registering unilateral notice against the property which is a notice of your claim to the same and respect of any monies, consider applying for an interim injunction and freezing order to prevent monies being spent or distributed so as to frustrate justice. To bring an application for an interim injunction is not straightforward because you have to draft the order you seek and would realistically need to appoint a solicitor to assist you in this respect. However, if you prefer not to retain legal representation, you can instead seek an undertaking from your father's partner not to distribute assets. To apply to land registry for a unilateral notice against the property, you will need to complete the following form include evidence to demonstrate the basis for your claim:https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352972/UN1.pdf finally, if you believe you have evidence that the will was forged this would amount to a criminal offence and you could involve the police however they may or may not be willing to investigate based on the evidence you have as the police are able to decide whether to pursue an investigation or not. However if you ave not contacted them it is something you could consider alongside civil claims you can raise above. In the assumption your application to challenge the will and revoke probate is successful, you along with any whole siblings you may have will have the right both to administer your father's estate and to inherit his assets and where there is more than one of you as siblings, in equal shares. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Expert:  Joshua replied 1 year ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Expert:  Joshua replied 1 year ago.
Have I been able to help you with all your questions on the above?

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