Forging a testamentary document (such as a Will or letter of Wishes) can have serious consequences, as was witnessed in the recent case of Stewart Pearman, 75, who was sentenced to over 5 years in prison for forging a letter to solicitors fraudulently staking his claim to the £2 million estate of an elderly friend.
Mr Pearman, an acquaintance of 25 years to the deceased and an executor to her Will, prepared a ‘letter of wishes’ placing himself as the main beneficiary of the Will, which had previously pledged to leave the multimillion-pound fortune to an air ambulance charity instead of himself.
After the testator died on August 7th 2016, Pearman presented the letter to solicitors, who became suspicious and began an investigation.
It later emerged he had written the letter shortly before the woman’s death, at a point in time when her GP deemed her not to have the mental capacity to sign it lawfully.
The document’s two witnesses, having previously provided sworn affidavits confirming they signed the letter immediately after it was signed by the deceased, later confessed that they had added their signatures at a much later date.
Thankfully the forgery of an entire Will remains quite rare, but it can be difficult to prevent people from forging supplementary documentation, like a Letter of Wishes. However, there are steps that can be taken to protect a Will and its contents from opportunists looking to falsely lay claim to another party’s inheritance, and here we take a closer look at the steps that should be taken to minimise the risk.
What is a ‘Letter of Wishes’?
While not legally binding, a ‘letter of wishes’ serves as a guide for those handling your estate and trusts after you pass away. It outlines how trustees/executors should approach their powers along with any other details about the management of assets that need to be kept confidential from the public domain. It adds further granularity than what would typically be covered in a Will without compromising one’s privacy or intentions upon death.
Its purpose is to support the Will and aid the persons dealing with your estate, and therefore it should not contain anything that contradicts the contents of your Will, which is bound to have been a red flag in the case of Mr Pearman.
It’s also advisable to keep the letter and Will together at all times to prevent such claims from arising post-death. Writing them at the same time is an easy way to keep the documents together and consistent. You should also review both the letter and Will regularly to ensure you account for any changes in your personal circumstances or to the law. Every two years is sensible. It should also be signed and dated by the testator, although witnessing is not necessary as it is not a legal document.
It’s because it is not legally binding that can leave a ‘letter of wishes’ open to fraud. A Will is far more difficult to fake, although not impossible, so it is important that witnesses to such documents are honest about the circumstances around their involvement in the signing of a Will.
Preventing forgery when making a Will
A forged Will is usually classed as one that was created without the deceased’s knowledge; nevertheless, a Will may also be considered fraudulent if a signature on it is forged, even if that signature was created by the testator themselves.
Family conflicts can lead to forgeries. However, there is also the threat of fraudsters targeting lonely elderly persons with no close family or acquaintances in order to acquire the information needed to forge a Will in their name. In some cases, there may be no one to dispute the Will or make a claim about the deceased’s genuine desires.
Creating a Will is an important process to ensure your wishes are honoured after you pass. To deter any chance of fraud, the testator must sign their document in front of two witnesses and each witness then signs it while all three parties are present. This practice safeguards against legal disputes by verifying authenticity through credible sources – if ever needed, the Probate Registry can confirm with those present that everything was done correctly when executing the Will.
However, this does not guarantee that the signatures will not be falsified. This might be the testator’s or one of the witnesses’ signatures. For example, one witness might sign the Will on behalf of the others.
When it comes to Wills, forging a signature isn’t taken lightly. If clear proof is presented that any of the signatures are fake, then they are declared invalid and in some cases superseded by an earlier version if one exists. for those deceased with no former Will,this means their estate will be administered as though there was none – known as dying ‘intestate’.
How do you know if a signature is forged on a will?
It is wise to consult with a solicitor when there are suspicions of forgery on a Will.
They will commence a thorough investigation, likely with the support of professional experts who have been scientifically trained in handwriting recognition. These rigorous tests can unearth whether or not the signature has been tampered with – from cut-and-paste frauds to tracing methods – as well as when, and how the document was written on.
Discrepancies could include:
- Indentations on the paper
- Whether the handwriting is connected and free-flowing or disconnected and disjointed
- The momentum of the pen
- The difference between light and heavy pressure on the paper
- Where the signature started and where individual letters started (eg, it is possible to write “f” starting from the top or from the bottom, and people will differ in their approach when writing).
- Paper examination to determine whether various pages of a document were printed or written at separate times or using different printers, as well as whether document pages were swapped or changed.
When a signature is under scrutiny, the individual in question must be ready to provide two forms of proof. They will first need to fill out a replica of the document in question, which accounts for any restrictions such as having to be signed between lines or boxed-in areas.
Understanding the difference between a handwriting expert and a graphologist is paramount in determining who forged an ill-gotten signature. Handwriting experts are skilled at detecting false signatures while graphologists, by contrast, look for insights into how someone was feeling when they wrote it – both of which provide invaluable clues to discover those responsible for criminal acts.
Nevertheless, proving a perpetrator can be tricky; if their surname is similar to that of the testator’s then this may offer insight as people often slip up on details such as surnames due to familiarity with them.
Proving Will forgery
Will forgery is a criminal offence under sections 1 – 4 of the Forgery and Counterfeiting Act 1981 and could result in a maximum of 10 years imprisonment, a hefty fine or both. But contesting a Will in court and proving forgery is often an uphill battle.
Will forgery is both a criminal and civil offence. In civil matters, the claimant must persuade the court on the balance of probability that forgery or fraud occurred (that is, that it is more than 50% likely). In criminal proceedings, the standard of proof is greater; the court must be convinced beyond reasonable doubt that forgery or fraud occurred. This increased burden reflects the more serious implications of a criminal conviction.
The ultimate responsibility of showing that a Will is not a forgery must be on the party seeking to advance the Will.
In addition to expert testimony, witness evidence regarding pertinent topics will be crucial. This could include such matters as the circumstances and timing of the discovery of a Will, what the testator may have informed others about creating their Will, or the testator’s Will-making history. In circumstances involving charges of fraud (for example, if a Will’s signature is legitimate but the person signing it had no idea what they were signing), the evidence of those allegedly participating in the scam will be especially relevant.
Handwriting experts and discrepancies between signatures may help tip the scales where there is suspicion of any falsification but unfortunately, even when proven guilty, there are circumstances where even the perpetrators could potentially benefit.
If a Will is invalid, an estate will be distributed according to a previous Will, or if there is none, as per rules of intestacy, meaning those who acted unethically but who are directly related to the deceased could still inherit – reinforcing the need for vigilance when it comes to ensuring one’s wishes remain honoured after passing on.
If you suspect foul play related to a Will, don’t hesitate to get in touch with our expert contentious probate team. For further information or guidance regarding the situation contact us for an impartial and confidential consultation.
