Woman who forged son's will loses out in court

9 July 2012

A woman who tried to forge her late son’s will in order to inherit his house has failed in her bid to prevent the will being reduced. The court heard evidence from an expert witness that they were ‘99.99%’ sure that the signature on the will was a forgery.  The action was brought by the deceased ex-partner, with whom he had a daughter, now 16, who would benefit should the will proved to be a forgery.

Maureen Nicol, 60, had lived in the property at the time her son Steven was killed aged 38 in a motorcycle accident. Her son had bought the house as an investment and she had believed that he fully intended to leave it to her should anything happen to him. Having given evidence that the property purchase was a joint venture, and that the mortgage had been paid by her, she was then highly critical of the pursuer who she felt should not benefit from the property, given she already had a house. She claimed that a solicitor had prepared the will and it had been signed in front of a witness, who signed an affidavit that the will was genuine. However, she was unable to give evidence. Ms Nicol felt that, morally, the house should be hers.

Unfortunately for her, the Court of Session disagreed. They were satisfied that the will had been forged and the signature purporting to be by the deceased was not in fact like his signature at all.

The case highlights the importance of having a will prepared by a qualified solicitor who will be able to ensure that your true intentions are carried out after death. A properly drafted and witnessed will be self-proving and leave little room for doubt should any disputes arise about its content. If you have yet to make a will, Inksters can assist you in preparing one. Contact Brian Inkster or Iain Witheyman by email or call us on 0141 229 0880.

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