What happens when fraud occurs when creating a will?

Usually, you expect that when a loved one creates a will, it is done of his or her free will without any interference and expresses his or her true wishes. However, there are cases in New York when a will is created under fraudulent terms. When fraud occurs, it can void the will and make it unenforceable. Of course, you must first discover fraud has been committed. 

The New York City Bar Association fraud occurs when someone influences a person to make certain property decisions in his or her  will through lying or coercion so the final will benefits the person committing the fraud. It could be something as simple as someone not telling you the location of someone you want to leave assets to or as complex as someone manipulating you into thinking your intended heirs should not receive your assets. 

If you suspect that a loved one’s will was created by fraudulent means, then you can contest the will after he or she dies. You will have to go to court and prove the fraud occurred. If the court rules in your favor, the will may be deemed invalid. The court may also rule only certain parts of the will are void. 

The bottom line is a will should be created without influence from anyone else. You should leave your assets to whomever you want and not listen to what others have to say. This information is for educational purposes and is not intended to be used as legal advice.