Probate Fraud

Q: Can I stop probate while my concerns are investigated?

Yes. You can lodge a caveat with the Probate Office, which prevents a grant of probate or administration from issuing while matters are looked into. Under the Rules of the Superior Courts (Order 79, rules 41 to 51), a caveat lasts for six months and can be renewed. If the person applying for the grant formally warns the caveat, you then have a short period to enter an appearance, after which the caveat can be lifted only by agreement or by order of the court.

Discovering that something may be wrong with a will or an estate can be deeply unsettling, especially when you suspect that someone has acted dishonestly. Whether you are worried that a will has been forged, that assets have been hidden, or that an executor is abusing their position, it is important to act quickly and take advice before the estate is distributed.

At McCarthy + Co, we help people across Ireland respond to suspected probate fraud calmly and effectively. We will help you understand the warning signs, weigh up the evidence, and take the right steps to protect your interests and the integrity of the estate.

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Understanding Probate Fraud and How It Can Arise

Probate fraud happens when someone deliberately deceives others during the administration of an estate to gain an advantage. It can involve faking or altering documents, hiding assets, or abusing a position of trust such as that of executor. Because it often comes to light only after damage has been done, early advice matters.

At McCarthy + Co Solicitors LLP, our wills and probate team is led by Joseph McCarthy, who has extensive experience dealing with contentious probate matters. Joseph and his team approach these difficult situations with discretion and care, helping you establish what has happened and decide on the best way forward.

Probate fraud can take many forms. The most common include:

Forged or fraudulent wills – A person may attempt to submit a fake will or alter a genuine one in order to benefit themselves or others. This is a criminal offence and may also form the basis of a civil challenge.
Undue influence or coercion – An individual may pressure or manipulate the deceased into changing their will in a way that does not reflect their true intentions. These claims often arise where the testator was elderly or vulnerable.
Misuse of power by executors or administrators – Executors may fail to declare all assets, transfer estate property to themselves, or distribute funds contrary to the terms of the will or legal entitlements.
Concealment or misappropriation of assets – Beneficiaries or others involved in the estate may hide bank accounts, jewellery, or other property in an attempt to increase their own share or reduce what is available to others.
False claims by individuals pretending to be entitled – Someone may fraudulently claim to be a beneficiary, spouse, or dependent to obtain part of the estate, especially where the deceased had complex family circumstances.
Backdating or falsifying documents – In some cases, individuals may tamper with records such as letters, medical reports, or signatures to support a false narrative around the making or validity of a will.

Whether your case is best resolved through negotiation or through the courts, our aim is to protect your rights and make sure the estate is administered honestly and lawfully. To arrange an initial consultation, complete our quick and confidential online form.

“From the very first contact we made with McCarthy + Co Solicitors, the reception staff displayed consistent professionalism and respect. Joseph agreed to represent us in a case that was far from straightforward. From the outset, to say the least he was extremely professional, efficient, approachable and direct – which we very much appreciated. He responded efficiently to all phone calls and emails and was empathetic and supported us all the way through what was an extremely challenging time, to ultimately achieve a positive outcome.”

Mags Galvin

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Meet Joseph McCarthy

Joseph McCarthy is a partner at McCarthy + Co Solicitors LLP with extensive experience in contentious probate, including cases involving suspected fraud. Since joining the team in 2013, he has assisted many clients in challenging fraudulent or forged wills, investigating wills procured through undue influence, and addressing the misuse of powers by executors who have acted improperly or in their own interests. He also helps clients resolve disputes over the validity of a will, disagreements between executors and beneficiaries, claims under the Succession Act 1965, and conflicts that arise where a person has died without a will.

Alongside his work challenging probate fraud, Joseph also assists clients with will drafting, estate administration, and Enduring Powers of Attorney, giving him a thorough understanding of how estates should be managed. Before turning to law, he gained a degree in applied psychology and worked in that field in the United States, experience that informs the sensitivity and judgement he brings to every case. If you suspect a will may be fraudulent or that an executor has misused their position, and would like clear, confidential advice, you can contact Joseph directly at joseph@mccarthy.ie.

Joseph McCarthy, Associate Solicitor, Wills & Probate

Frequently Asked Questions

Questions we are often asked in relation to probate fraud.

What should I do if I suspect a will is fake or has been tampered with?

Take legal advice as soon as possible. A valid will must meet the formal requirements of section 78 of the Succession Act 1965, which include that it is in writing, signed by the testator, and witnessed by two people present at the same time. Where a will does not meet these requirements, or appears to have been forged or altered, its validity can be challenged, and the matter can be brought before the High Court. Acting early gives the best chance of preserving evidence before the estate is distributed.

Can I stop probate while my concerns are investigated?

Yes. You can lodge a caveat with the Probate Office, which prevents a grant of probate or administration from issuing while matters are looked into. Under the Rules of the Superior Courts (Order 79, rules 41 to 51), a caveat lasts for six months and can be renewed. If the person applying for the grant formally warns the caveat, you then have a short period to enter an appearance, after which the caveat can be lifted only by agreement or by order of the court.

What evidence is needed to prove probate fraud?

Allegations of fraud are taken very seriously by the courts and must be supported by clear and convincing evidence rather than suspicion alone. Helpful evidence can include the original will and any earlier versions, medical records bearing on the testator’s capacity, handwriting or forensic analysis of signatures, and financial records showing unexplained transactions. We can help you gather and present this evidence in a structured way.

Can an executor be removed for dishonest behaviour?

Yes. Where an executor or administrator has acted fraudulently, dishonestly, or in serious breach of their duties, the court can revoke their grant and appoint someone else in their place. An application is made to the court under its powers in the Succession Act 1965 and the Rules of the Superior Courts. Grounds can include misappropriating assets, failing to act in the interests of the beneficiaries, or concealing information from the court or other interested parties.

Is probate fraud a criminal offence?

Yes. Conduct such as forging a will, deceiving others to obtain a benefit, or stealing from an estate may be prosecuted as a criminal offence under the Criminal Justice (Theft and Fraud Offences) Act 2001. Criminal proceedings are separate from any civil action to challenge a will or recover assets, and in appropriate cases both can be pursued at the same time.

What if fraud is discovered after probate has already been granted?

It may still be possible to put matters right. Where a grant was obtained by fraud or on the basis of false information, an application can be made to the court to revoke it, for example where a forged will was admitted to probate or important facts were concealed. Depending on the circumstances, it may also be possible to trace and recover assets that have been wrongly taken or transferred.