Will disputes: Forged will 'found' in Doritos packet

A young widow who attempted to rely upon an alternative will in a bid to inherit her late husband’s estate has been branded a liar in a recent court decision.

Marsha Henderson married Newton Davies in 2004. At the time, Ms Henderson was in her twenties and Mr Davies was in his seventies.

Mr Davies died in 2013. In his will, Mr Davies left Ms Henderson a legacy in the sum of £25,000. The rest of the estate, worth approximately £575,000, was left to his daughter Paulette Davies and to his close friend.

After discovering the contents of her late husband’s will and two years after his death, Ms Henderson commenced legal action to dispute the will. Ms Henderson sought to rely upon a ‘later’ will which she said she found in the loft of Mr Davies’ London home. Ms Henderson went on to say that she had found the will hidden inside a discarded Doritos packet. In this ‘later will’ Ms Henderson stood to inherit the vast majority of the estate.

Judge Nigel Gerald, sitting in the Mayor’s and City of London Court, decided that the second will was clearly a forgery and upheld the earlier will. This meant that Mr Newton’s daughter received the majority of the estate with the remainder going to his friend.

The judge commented that the most striking aspect of the case was the fact that the second will referred to ‘her’ last Will rather than ‘his’. The judge concluded that the story put forward by Ms Henderson explaining the circumstances in which the second will was found was ridiculous.

Allegations of fraud or forgery are grounds upon which the validity of a will can be challenged. In many cases, it can be difficult to prove that a will is a forgery, not least because in such cases, often the only first-hand witness will be the deceased who obviously cannot give evidence.

In cases involving fraud or forgery, a handwriting expert will usually be instructed to consider whether the testator’s signature is authentic. In this case, a handwriting expert was appointed who reported ‘a lack of natural fluidity’ in the drafting of the second will.

In claims involving disputed wills, including claims regarding fraud or forgery, it is essential that specialist advice is taken at an early stage.

Should you wish to discuss a disputed will or contentious probate dispute please do not hesitate to contact our contentious probate team on 01902 424927. Alternatively, you can e-mail us at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues you wish to discuss with us, along with your contact details.