Was it Even His Signature? How to Overturn a Fraudulent Will

It’s unfortunately all too common a tale. Out of the blue, an older person, rendered vulnerable by age or illness, acquires a new “friend”. Before anyone in the family realises what’s going on, their loved one has died, and the fraudster claims to be sole heir in terms of a last-minute will. No surprise then that our courts must often determine whether a deceased person’s last will was tainted by incapacity, undue influence, fraud, or even forgery. The sad tale of a 90-year-old man who left behind two conflicting wills is a good example of how our courts approach these situations.

National Wills Week: Do You Really Need 6 Types of Will?

At the heart of your estate planning is your will (“Last Will and Testament”). Without it, you lose your right to choose your heirs, to choose the executor of your estate, and to choose who will look after your children and your family trusts when you die. But there’s lots of online chatter about other types of “will” such as offshore wills, digital wills, business wills, ethical wills and living wills. What are they and do you really need to put them all in place?