Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Fraud

Fraud, in the context of a Will Contest, means proving that a beneficiary knowingly used false statements, which caused the testator to change the Will to benefit the beneficiary.

For example, a child lied to his mother, telling her that her other child was dead. The lie caused the mother to change her will, giving her entire estate to the child who lied. The Will is the result of Fraud.

Proving a Will is the Result of Fraud.

The judge hearing a Will Contest case can find the Will invalid due to Fraud only if he or she hears the proper evidence. Gathering this evidence will require depositions, expert witnesses, interrogatories, witness interviews, subpoenaed documents, and evidence presented following the Rules of Evidence and subject to objections by the Will’s proponent. Our experienced Will Contest Attorney will walk you through every step of this complicated journey.

Elements of a Fraud Will Contest.

The essential elements of a Fraud Will Contest are the lie, a change to the will, and that change damaging the interested party. All items must exist. If, in the example described above, the child lied to his mother, but the mother made no change, or the lying child gained no benefit, then Fraud did not occur. Further, proving that the deceased had diminished capacity will help the case. A person with a weakened intellect is more subject to manipulation than a healthy person.

Fraud Will Challenge Evidence.

Proving Fraud can be difficult, as often the only witnesses to the false statements are the deceased and the person telling the lies.

Who May Bring a Fraud Will Contest Challenge?

Only an “interested party” may bring a Fraud Will Contest Challenge. A person would become an interested party if Fraud damaged them financially.

For example, if a child’s lie causes a mother to change her will, reducing another child’s inheritance, only the damaged child is an “interested party.” Though others may know of the Fraud, they have no standing to bring the matter to court.

Reasonable Prices | Years of Experience | We Stand With You, and We Fight For You.

If you have any questions about a Will Contest based on Fraud or any other estate law topics, please contact us to schedule a free consultation.

Klenk Law has focused only on Estate Law for more than two decades. We’ve seen it all, and this experience allows us to explain complex estate law and Probate clearly and concisely. If you are involved in Will Challenge Litigation, our experienced Probate Litigation Attorneys will make it easy for you to understand and provide top-notch representation so you can make the best decisions for yourself and your family.

What Our clients are saying

Klenk Law Logo
Stars

Michael Patete

Surprisingly easy

Klenk Law Logo
Stars

Peter J. Gutekunst, CFP®

I've worked with and known Peter Klenk and his associates for years. They are highly professional, diligent and truly experts in their field. By focusing on just wills, trusts, and estates, Klenk law has experienced every angle of estate planning and applied that knowledge to help prepare our clients with thorough and comprehensive documents.

Klenk Law Logo
Stars

B.A.

Peter Klenk and his associates are responsive and professional - It is a pleasure to work with their team. If you have needs in estate planning or administration, they are the firm to go to in the Philadelphia area!

Klenk Law Logo
Stars

A Google User

Peter Klenk & Associates is my go-to firm for estate planning and advice in probate and estate administration. Peter and his attorneys are top-notch and exceptionally responsive. Peter has the knack of being able to explain extremely complex tax and estate planning issues in a manner that clients are easily able to understand and comprehend allowing them to confidently make important decisions.

Klenk Law Logo
Stars

Andrea Wilson

Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.

Let us put our expertise to work for you.

Free consultation within 24 hours.