Legal Definitions - bogus will

A bogus will refers to a document presented as a person's last will and testament that is not legally valid because it was created fraudulently, forged, or does not genuinely reflect the deceased person's true intentions. It is essentially a fake, illegitimate, or invalid will that courts will typically refuse to recognize or enforce.

Here are some examples to illustrate what constitutes a bogus will:

• Example 1: Forged Signature

  After an elderly individual passes away, a distant relative produces a will that leaves all assets to them, completely disinheriting the deceased's children. However, the children suspect foul play and hire a handwriting expert who confirms that the signature on this new will is a forgery and does not match the deceased's actual handwriting. In this scenario, the document presented by the distant relative would be considered a bogus will because it was created through fraudulent means, specifically by forging the deceased's signature.

• Example 2: Undue Influence and Lack of Capacity

  A wealthy but frail individual, suffering from advanced dementia, is isolated by a new acquaintance who gradually manipulates them over several months. During this period, the acquaintance pressures the individual into signing a new will that leaves a substantial portion of their estate to the acquaintance, despite the individual having previously expressed clear intentions to leave everything to a charity. The family later challenges this will, arguing that the deceased lacked the mental capacity to understand what they were signing and was under the undue influence of the acquaintance. If a court finds these claims to be true, the will would be deemed a bogus will because it does not represent the genuine, uncoerced wishes of a mentally capable person.

• Example 3: Post-Mortem Alteration

  A person dies, and their original, properly executed will is found. However, before it is submitted to probate, a beneficiary secretly adds a new paragraph to the will, granting themselves a valuable piece of property that was not mentioned in the original document. This alteration is discovered when the will is reviewed by other beneficiaries. The will, with the added paragraph, would be considered a bogus will (or at least the altered portion would be invalid) because it was tampered with after the testator's death, and the added clause was not part of the deceased's legitimate and legally witnessed instructions.