Can a possibly falsely executed Will be sometimes challenged years later?

[Blueberryhill123]

I have done other threads about my grandfather's will (can't link). He died in 2000, but the will that went through probate (leaving everything to my aunt, whilst my mum received nothing) is completely different to the one I recently downloaded.
The 'original' will my mum was shown was typed (which also stated everything was to be left to my aunt).

My mum didn't challenge this at the time and was never given a copy or told if any Solicitors held a will of my grandfather's.

Out of curiosity, I recently downloaded my GF's will and my mum was shocked to realise the will is totally different to the one she originally saw.
This latest will is not dated properly, and is handwritten in my aunt's handwriting (according to my mum). My GF's signature also doesn't seem 'right' according to her.

Long story short, as this particular will had the names of two witnesses we personally know, I decided to visit them and ask if they had indeed signed as witnesses.
One witness said she does remember going to my GF's house to sign a will, but can't remember who else was present. (It was done probably around 30 years ago though). This witness also said her signature looked 'dubious' on this document.

The second witness has no recollection of signing any will whatsoever, and doesn't believe she ever went to my GF's house. Although, she says the signature does look like hers.
Is it worth seeing advice do you think, or just dropping the whole thing?

Anyone?

From when I was looking last year I think there is a limited time in which you can challenge a will once it’s gone through probate. Have you tried googling it. Not sure if you could pursue a fraud charge.

I'm not a lawyer, don't work in the legal profession.

But what do you want to get out of this? Is the money still sloshing around, or has it been spent after 18 years or longer? You might be in the "right" and win a legal case, but if the assets are gone, the estate money is spent and your aunt hasn't got loads of money, you might end up with a hefty legal bill and nothing else.

A quick google says there's no time limit on challenging a will on grounds of fraud, which is what you're saying happened. Is that a criminal offence too? Probably, if it's fraud. Do you and your mum want to go down that road?

There's a lot to think about - definitely worth seeing an experienced probate solicitor to discuss options.

There is no time limit in the case of an allegation of fraud but the sooner it is done the better. If you are looking at disputing signatures from 30 years ago, I'd say you are probably going to be disappointed and it will be costly as the witnesses seem vague in their recollections. How much was the estate - and if you won is the aunt in a position to repay?

I have googled about the time limit for s genuine will, and we'd be years too late to do anything if that's the case.
I'm just unsure whether there could have been fraud involved.

Reasons being, my GF's signature doesn't look much like his (according to my mum), one of the witnesses has no recollection of even signing a will, there's no real date on the will and it's odd that my aunt showed a completely different will to my mum when my gf died.
It's almost as if my aunt didn't want her to see who the 'witnesses' were incase my mum questioned them about it at the time.

Surely, if the will I have now is a genuine copy of my GF's wishes, there'd be no need for my aunt to not produce this years ago.

My aunt is still in possession of my GF's house (which she rents out) and is worth about £190,000

Go and talk to a lawyer then, most will give you a free 30 minute consultation. A decent one will tell you what the chances of success are - a not so decent one will let you rack up legal bills regardless. Do you have several thousands pounds to start an action?

The annoying thing is, IF the will has been done fraudulently, then it's wrong that an innocent party has to fork out a shed load of money to try and prove it.

My Dad and his sister challenged my Gran’s will and won . Both of the “witnesses” denied having signed the will. Good luck...

Well you could perhaps go to the police? Make an official complaint to them and see if they'll investigate and prosecute the crime?

So you have two wills (one you've downloaded from the probate office?) and one your mum recalls but both leave everything to your aunt? And your mum didn't ask about this at the time?

MrsSchadenfreude
That's good for your family!. Did they contest the will very early on though?
Macarena
Tbh I don't think the police would be interested and would probably view it as a civil matter, I'm unsure.
Noeuf
Yes there is two different wills, unfortunately my mum didn't contest anything at the time as she thought the other will was 'above board'.
It's only because we now realise my aunt put a completely different will through probate, that we now wonder why?

But did they both leave everything to your aunt? Is it possible he was incapable and did make the will ?

Yes everything was left to my aunt on both wills.

Yes, they contested the will pretty early on, although it dragged on for a few years. One witness denied outright that they had witnessed the signature and said it wasn’t theirs. The other said it might have been their signature, but they didn’t recall signing. And apparently they were out of the country when they were supposed to have signed - verified by passports.

So if everything was left to the same person what do you hope to achieve by challenging it? Or do you think that your aunt possibly wrote and forged both of them? Sorry if I’ve missed it.

MrsSchadenfreude
It was lucky that one of the witnesses could prove they weren't present, with the passport. I'm not sure if just because one of the witnesses to my GF's will has no recollection of being present, without proof of being elsewhere, (even though there isn't a proper date on the will) that that's a good enough excuse?
Stickmangate
The first will didn't have mine or my dsis or my cousin's names on as extra beneficiaries.

I forgot to add that myself, my sibling and cousins did receive £2000 each. My aunt made out (at the time of my GF's passing) that she was giving this to us out of her own money as a 'goodwill gesture'. My aunt got everything else. House, boat, caravan, car, money etc.

It strikes me as odd that our names were missed off the first will, and I'm wondering if this is because my aunt didn't want me or my sister to be in the position of having a copy of the will, and having the right to receive a 'notice of administration' that my aunt (as executor) was going to go through probate.
In short, it's as if she didn't want us to know much about the will and also who the supposed witnesses were, and this has led us to the question as to whether or not the will (which did include our names) is not really valid.

Whether it's not really valid, because the witnesses signature's may be forged.