Protecting you against Will Fraud

A report by Age UK suggested 43% of people aged over 65 believe they had been targeted by scammers. Being scammed can be very distressing and the impact is often emotional as well as financial. One growing concern is the occurrence of Will Fraud, where individuals attempt to deceive and manipulate to gain control over your assets after your death. This page is designed to empower you with knowledge to protect yourself.

Scams are a way of cheating people out of their money – they’re crimes committed by fraudsters. One type of scam is called a ‘relationship scam’ and involves someone winning your trust in order to take your money and potentially encourage you to make changes to your Will. Will fraud occurs when someone creates or alters a Will to their advantage without the knowledge or consent of the rightful beneficiaries. It can involve forged signatures, coercion, manipulation or undue influence. This can result in your assets being distributed against your true intentions, leaving your loved ones and beneficiaries in a vulnerable position.

• Choose a reputable professional when creating your Will. Avoid unsolicited offers for legal assistance and research the organisation before making a decision.
• Consider taking independent advice before making any decisions about your estate.
• Stay informed about common fraud tactics as awareness is your first line of defence.
• Review your Will frequently (at least every 3 years) to ensure it stays relevant and up to date.
• Update your Will, especially if your life circumstances change such as divorce, separation, or death of a beneficiary.
• In line with the Wills Act make sure your Will is witnessed by two impartial individuals who aren’t beneficiaries (ideally these should not be related to each other). This means your witnesses would watch you sign your Will. 
• Your witnesses do not need to read your Will but you may invite these individuals to do so and challenge the content of your Will where they have concerns.
• It is advisable for you and your witnesses to initial each page of the Will. Additionally, your witnesses should initial by your signature.
• Your chosen witnesses should both sign in the presence of you and each other.
• Your Will is a confidential document but you may decide to share details of your Will wisely with loved ones. However, always be cautious about sharing specific details with acquaintances or unfamiliar individuals.
• Store your Will in a secure place and inform a trusted family member or friend of the location. It is advisable to ensure your Executors know where your Will is stored. If you have used a Solicitor or Professional Will Writer they may offer a Will storage service.
• Avoid storing a sole copy of your Will at home as this can easily be destroyed after your death and enable someone to commit fraud. You may choose to keep a copy of your Will with a trusted family member or friend.
• Be wary of pressure if anyone tries to convince you to make changes to your Will against your wishes and seek advice from a legal professional or trusted family member.
• Seek legal guidance if you suspect fraudulent activity or have concerns about your Will’s validity.