The Will Can Be Set Aside And Revoked Because Of Fraud

1. The Will Can Be Set Aside And Revoked Because Of Fraud A Wills Attorney California states that a Will that is obtained by fraud can be set aside and revoked. Will contestants frequently lump fraud and undue influence together as grounds for a contest because misrepresentations are often part of the pressure brought to bear on the testator states the Wills Attorney California. However, explains the Wills Attorney California, that fraud is a separate and distinct ground of contest. When fraud alone is alleged, the contestant must show that the testator, even though acting of his or her own free will, was deceived into doing what he or she would not have done without fraudulent representations. It would probably be more successful to allege both fraud and undue influence in a Will Contest states the Wills Attorney California, as there are two different grounds of recovery. The Wills Attorney California asks, what exactly is fraud? The will contestant must prove that the false representations were made with the intent to deceive the testator and for the purpose of affecting his or her testamentary disposition. The Wills Attorney California states that proving intent of a beneficiary with intent to deceive is not an easy matter and will require a significant amount of work and evidence to be shown to the Judge. The fraud need not be perpetrated at the time the will is executed, however, states the Wills Attorney California. Even when the false representations were made long before the will was executed, the fraud will essentially revoke the will if the testator’s belief in the representations persisted until the time of execution of the will and affected its terms states the Wills Attorney California.