There are a number of arguments a dissatisfied beneficiary of a will can use to contest the will. Undue influence by a third party at the time the will is executed is one such argument. A related will contest argument involves fraud relating to the will.

Fraud relating to wills involves an intentional deception of the decedent by a third party which affects the terms of the decedent’s will. Will-related fraud is often said to be in the inducement or in the execution.

Fraud in the inducement involves a third party misrepresenting facts outside of the text of the will. This type of fraud must cause the decedent to execute a will, to include particular provisions in the wrongdoer’s favor, to refrain from revoking a will, or not to execute a will at all. By way of example, this might include a spiritual adviser instructing a parishioner to execute a will leaving property to the church because the parishioner’s beloved church is financially bankrupt even though the church is not bankrupt.

Fraud in the execution involves a third party misrepresenting the character or contents of the instrument signed by the decedent with the intent to prevent the decedent from carry out his intent. By way of example, fraud in the execution may arise where an attorney drafts one will leaving property to the decedent’s family and another will leaving the decedent’s property to the attorney if the attorney presents the second will to the decedent for his signature.

Whether fraud in the inducement or fraud in the execution, innocent or negligent misrepresentations are generally not grounds for upsetting a will. The decedent’s self-deception is not grounds for upsetting a will either. For example, an honest belief that one can communicate with the dead is not fraud and is not grounds for upsetting a will. Advising the decedent that he must not execute a will is not fraud.

Fraud related to wills can arise in a number of varying situations. Fraud can arise when, during their lifetime, a decedent expresses an interest to execute a will to exclude a beneficiary and the beneficiary prevents the decedent from executing a will.

Fraud is often raised in addition to lack of capacity and undue influence in will contest claims. These arguments may be impacted by a “no contest clause” in the will itself. Let’s consider no-contest clauses next.