Skip to main content

Can I contest a will that was misrepresented by the attorney that wrote it and can that attorney be charged with fraud misrep?

Charleston, SC |

My aunt left me a car that she owned. Several people witnessed her telling me that she wanted me to have her car. The lawyer even took my name down while at the hospital to add it to the will. Several months went by and now I'm finding out the the lawyer and the deceased children excluded me out of the will. Up to 7 people including myself, witnessed her telling me she wanted me to have the car. The lawyer notarized the will himself and only added his friends as witnesses to the will.

Attorney Answers 3


  1. No. It is highly doubtful that this attorney would be charged with any criminal charges. You may be able to challenge the validity of the will but that maybe expensive. Unless the car is very valuable my suggestion is to move on. However, if you got a couple thousand dollars to spend and are willing to accept that you will probably not win, I would be happy to take your money.

    This response is for informational purposes only and is not intended to convey detailed legal advice on any specific issue. Transmission of the information contained in this response is not intended to create, and receipt does not constitute, an attorney-client relationship. The Law Office of John A. Jackson only practices law where properly authorized to do so and does not seek to represent anyone in any other jurisdiction. This site does not make use of any secure encryption technology, and any transmissions to the Law Office of John A. Jackson may be intercepted by third-parties. DO NOT send us any information that you regard as privileged or confidential. John A. Jackson is licensed to practice law in the State of South Carolina. You should not act upon the information contained herein without first seeking the advice of an attorney licensed to practice in your area.


  2. I think Mr. Jackson is a bit too dismissive of the case in that while its not criminal its possible that there was a mistake in the will. I will say that he is right about the costs involved. Also, I hear all the time that a person was "told" they were getting something in a will they do not get...people's wills are still private matters until after they die and people often change their mind. You might have more of a case if you have witnesses that the aunt did not have capacity?

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  3. A will in South Carolina may be contested if there was fraud or undue influence and possibly not capacity to make a will present.

    An attorney may be charged with fraud if there is sufficient evidence.

    Just because an aunt orally said that you were to be in the will does not necessarily guarantee that you were to be included in the final will. While family members and attorneys may have the ability or opportunity to exert undue influence or a person making a will may not have capacity, there must be evidence to prove this.

    A probate or estate litigation may be able to help.

    This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. Evan Guthrie is licensed to practice law throughout the state of South Carolina. For further information visit his website at www.ekglaw.com <ekglaw.com>.

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics