Signs to look out for

Sudden Changes: One of the most significant red flags is a sudden and unexpected change to a will, especially if the alterations heavily favour one beneficiary over others.
For example, if a new will is drafted shortly before the individual's death, and it significantly differs from previous versions, it warrants closer inspection.

Uncharacteristic Beneficiaries: Take note if the beneficiaries listed in the will seem out of place or if there's a sudden appearance of unfamiliar individuals who stand to gain substantially. This could indicate that the testator was coerced or deceived into including certain beneficiaries.

Discrepancies in Asset Allocation: All good legacy officers will note how assets are distributed in the will. If there are glaring inconsistencies or if valuable assets seem to be missing or undervalued, it could suggest foul play. Financial abusers may attempt to siphon off assets for their benefit or manipulate the value of the estate.

Lack of Professional Involvement: As legacy officers we may sigh when faced with a 'homemade will' and, while it's not that uncommon for individuals to draft their own wills, where significant estates or complex family dynamics are involved, professional legal guidance should be considered. If there's a lack of involvement from legal or financial professionals in the will's creation, it could raise suspicions about its validity. Any amendments that aren't 'official' need second eyes, as older wills can be and sometimes are manipulated.

Testator's Capacity: A valid will must be created by someone of sound mind and free from undue influence. (Section 9 of the Wills Act 1837 sets out the requirements for a valid will in England and Wales, although there are examples of later case law that expand upon this.)

If there are concerns about the testator's mental capacity at the time of creating or amending the will, it is definitely worth investigating further. Signs of dementia, cognitive decline, or coercion should not be ignored. (Again, we still tend to rely upon old case law, in this instance Banks V Goodfellow, 1870, but there are more recent cases you may need to look at in addition).

Opaque Financial Transactions: Look out for any evidence of suspicious financial transactions leading up to the drafting of the will, and either side of the testator’s death.
This could include large withdrawals, transfers to unfamiliar accounts, or sudden changes in financial behaviour that seem uncharacteristic for the testator.

If you suspect there has been wrong doing in a will, what should you do?
As with all contentious cases, it is worth seeking advice from someone who has expert knowledge of financial abuse and legacies. Officially, it should be down to the executors to look into this and provide any evidence required to take the matter further, but, as legacy officers are required to ensure that charity trustees are legally fulfilling their roles, sometimes you may need to get involved as representatives of a beneficiary.

There is not always going to be a 'happy ending', and justice may not prevail. You will need to protect the reputation of your charity, and consider both angles: will it cause negative PR if you pursue this - or will it cause negative PR if you DON'T? If the financial abuse is by a serial offender, for example, it could cause issues for you if you let it go unchallenged. You also need to weigh up the financial implications of taking the matter further, especially if the executors can't or won't engage, and/or the costs are going to be prohibitively high.

We all want to carry out the final wishes of our legators, and spotting financial abuse when it comes through in their will is one way that we as legacy officers can try our best to make this happen.