Fraud
Fraud, in the context of a Will Contest, means being able to prove 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 take place. Further, proving that the deceased had diminished capacity will help the case. A person of weakened intellect is more subject to manipulation than a healthy person.
Fraud Will Challenge Evidence.
Proving Fraud can be difficult, as often the only witness 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 other people 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.
For more than two decades Klenk Law has focused only on Estate Law. 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.
Will Contest
- Overview
- Undue Influence
- Duress or Coercion
- Fraud
- Forgery
- Lack of Capacity
- Will Contests Explained for the Non-Lawyer
Peter Klenk is the founding member of Klenk Law, a seven attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!
Free Consultation
Client Review
"I worked for Peter Klenk for 4 wonderful years. I can’t speak highly enough of everyone at the firm. Everyone truly cares about their clients and has a strong sense of responsibility to get things done right. I would highly recommend Klenk Law!"
Flora Novick
What Our clients are saying
Rocco D.
I have worked with Peter Klenk & his associates for some time now and I have found them to be ultra-qualified, knowledgeable and diligent about their work. I highly recommend them.
Tom Mettinger Sr.
Integrity, exceeding the client's expectations. In-depth knowledge of the law
Bill
I met Peter soon after he started his practice in Philadelphia, PA. He and his team have always been there for me and my various inquiries throughout my life-changing events, corporate relocations. I have lived in various cities throughout the nation, I have never had a problem in contacting Peter or a member of his team. He and his office responds quickly and returns calls to me to fulfill my requests for information or to revise my estate needs while posing relevant thought-provoking questions that I need to consider to secure my future. One of Peter's best qualities is his ability to answer clients complicated questions in a simple way to ensure comprehension.
Christopher F.
Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!
Maxine G.
Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.
Let us put our expertise to work for you.
Free consultation within 24 hours.
