Forged Wills in Virginia

The following is a list of the top 10 signs that a Virginia will may be fraudulent. Fake Wills, Forged Wills, Forgery whatever the case may be if someones will has two or more of the items on this list it may be worthwhile to speak to an attorney. The reason for this is that if the will does have two or more of the characteristics, the Virginia will is likely fake or forged. Someone making a Virginia will has the right to do any of the things listed below. However, they often lead to suspicions. These suspicions include that the decedent/testator was suffering from incapacity at the time he or she made a will. Additionally, he or she did so under the undue influence of someone with substantial access and control. The worst-case scenario is that the will is a fake. So while not exclusive, if you notice that a Virginia will has a few of the items listed below, you may be dealing with a fake will or forged will.

10 Signs that A Virginia Will May Be Fraudulent

1. A Death-Bed Will. Any testamentary instrument Will, Codicil, Trust Agreement, etc. that is executed in Virginia by a person whose death is imminent is immediately suspect.
2. A will, trust, or codicil, which excludes a spouse or child for no apparent reason.
3. A will, trust, or codicil, which benefits one person to the exclusion of others for no apparent reason.
4. A trust, Will, or codicil, which primarily benefits non-relatives.
5. A will, trust, or codicil, which benefits home health care workers.
6. A trust, will, or codicil, which benefits a trusted adviser (i.e. the decedent’s lawyer, clergy, accountant, doctor, stockbroker, etc.).
7. A will, trust, or codicil that directs a large portion of an estate to a religious organization. This is especially suspicious if the decedent was not particularly active in the organization or became a member shortly before their death.
8. A will that was not signed and witnessed in the presence of an attorney (when an attorney supervises the execution of testamentary instruments there is a presumption of regularity).
9. The decedent executed multiple wills in the two years prior to their death.
10. A will, trust, or codicil, made during at a time when the decedent suffered from medical or mental ailments.

Bonus. An agent under a power of attorney gives away assets prior to the decedent’s death. If the agent under the power of attorney is the one receiving the gift, this is even more worrisome.

Contact Our Virginia Attorneys for More Information

If you believe that a Virginia last will and testament may be a forged or fake, contact Antonoplos & Associates probate attorneys at (202)-803-5676 or directly schedule a consultation. Finally, for general estate planning, probate court information, or more on Virginia forged wills, check out our blog.