Will Remains Valid If Solicitor Struck Off for Fraud, Experts Say

A will remains legally valid if the solicitor who drafted it is later struck off for fraud, provided the will itself met all necessary legal formalities at the time of its creation and the fraud was not connected to its execution. Concerns about the validity of a will can arise when the solicitor involved faces disciplinary action, but legal experts emphasize that the will's standing typically depends on its adherence to the Wills Act 1837 and the absence of coercion or undue influence.

To be legally binding, a will must be signed by the testator (the person making the will) in the presence of two independent witnesses. Additionally, the testator must have had the mental capacity, or been of sound mind, at the time of drafting the will. Any indication of undue influence or coercion during the will's creation can invalidate it.

Key checks for a will drafted by a solicitor who has since been disbarred include whether that solicitor was named as an executor or a beneficiary. If the solicitor is named as an executor, and has already begun administering the estate, their disbarment could be grounds for their removal from that role, particularly if the relative has passed away. If the solicitor is a beneficiary, this would be a significant concern as it could suggest the document does not reflect the testator's genuine wishes.

While a family member could attempt to challenge a will based on a solicitor's fraud charge, such a challenge would need to be supported by evidence of an underlying issue directly related to the will, such as fraud in its creation, lack of capacity, or improper execution. The solicitor's later fraudulent actions alone are unlikely to invalidate a properly executed will.

Legal professionals advise that if the testator is still alive, it is prudent to have a new lawyer review the existing will. This review can confirm its validity, address any lingering doubts, and ensure the document still reflects the testator's current wishes, especially if circumstances have changed over the years. If the testator has passed away, executors should be made aware of the solicitor's disbarment to conduct thorough checks and safeguard against potential challenges.