Fraud can cause serious problems in estate planning. In California, certain types of fraud can make a will completely invalid.
When this happens, the court may throw out the will and distribute the estate based on earlier documents or state law. When preparing for probate or estate litigation, it is important to understand exactly what types of fraud to look for.
Fraud in the execution
This type of fraud happens when someone tricks the person making the will about what they are signing. For example, the person may think they are signing a power of attorney or a simple form, but it is really a will. This fraud makes the will invalid because the person never meant to create that document. Courts in California view fraud in the execution as a complete failure to give real consent.
Fraud in the inducement
Fraud in the inducement happens when someone lies to the person making the will in order to influence how they distribute their property. For example, a person might tell a lie about another family member, hoping to get a bigger share of the estate. If that lie causes the person to change the will, the court may decide the will is invalid. The court must see proof that the lie directly affected the will’s terms.
Forgery
Forgery happens when someone fakes a signature or alters the will after the signing. For example, adding new beneficiaries or changing dollar amounts without permission counts as forgery. California courts will not accept a will with forged elements whatsoever. Once proven, the entire document becomes void.
Suppression or substitution
In some cases, a person may hide or destroy a valid will and replace it with a fake one. This often happens when someone wants to present a version that favors them more. California law treats this kind of fraud seriously. The court may restore a previous valid will or use intestate laws to divide the estate.
Anyone involved in a will must act with honesty. If fraud changes the outcome, California courts have the power to reject the will and protect the rightful heirs.
