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

Asked over 1 year ago - 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. John A. Jackson

    Contributor Level 13


    Lawyer agrees

    Answered . 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... more
  2. Evan Kyle Guthrie

    Contributor Level 15


    Lawyer agrees

    Answered . 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-... more
  3. Steven M Zelinger


    Contributor Level 20


    Lawyer agrees

    Answered . 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... more

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