My relative's solicitor was struck off for fraud: Does this make his will invalid?

My relative completed a will several years ago. However, since then the solicitor has been charged with fraud and wasn’t allowed to continue as a solicitor.

Would the will still be legally valid or would a new will need to be written? Could it be contested due to this?

Tanya Jefferies, of This is Money, replies: It is understandable to be concerned about this situation and it would be sensible to carry out some checks.

We consulted a lawyer who says you need to find out whether the solicitor who was struck off named themself as an executor or even a beneficiary in your relative's will. 

It is not clear from what you say if your relative is still alive, but he suggests any other existing executors are notified.

It sounds like the will might well stand up, but assuming your relative is alive, if they have any lingering doubts it would be best to find a new lawyer to review it. 

Valid will? What happens if the lawyer who drew it up is later struck off

They could look into this more fully, beyond the brief details you have given here, and offer a definite view on whether a new will is necessary.

The Law Society has a search tool to find a lawyer in your area here.

Luke Watson, head of private client at law firm Stone King, replies: The starting point is that provided the will complies with the formalities required to create a valid will, and there was no coercion or fraud in the making of the will, it is valid.

Given that the will was drafted several years before, I assume the crime was not directly linked to your relative's will and that the solicitor is not an executor or beneficiary of the will. However, you should seek to confirm this. 

Considering the solicitor’s subsequent striking off, it is right to consider whether further steps should be taken to protect your relative's assets and final wishes, to ensure they cannot be contested at a later stage.

Luke Watson: It is right to consider whether further steps should be taken to protect your relative's assets and final wishes

How to ensure a will is valid

For a will to be a valid, legally binding contract, it must comply with the Wills Act 1837, which requires the testator's signature to be witnessed by two independent people.

The law also states that the will writer – your relative – must have had ‘testamentary capacity’, meaning they had the mental capacity or were of sound mind when making the will.

The will writer must also not have been subjected to any form of undue influence, or suspected undue influence, when drafting and signing their will.

As there is no suggestion that the fraud was related to your relative’s will and no other indication of undue influence by the solicitor, we can assume your relative was of sound mind when outlining their final wishes and that the document meets the legal threshold.

What checks should be made now?

Although you have not mentioned the executors of the will, it is important to check whether the solicitor is named as the sole executor or one of the four possible executors, who are legally obliged to manage and distribute the estate and carry out the final wishes.

Being a named beneficiary of the will – a person who will legally receive assets, money or property from the estate – would be an immediate concern, as the solicitor financially gaining from your relative's estate may indicate that the document does not reflect your relative's genuine wishes.

If they are, you should confirm with your relative that this was their instruction.

If the solicitor in question is a named executor and had already begun administering the estate, if your relative has passed away, being struck off may provide grounds to seek their removal on the basis that they are no longer fit to perform that role.

Assuming the solicitor is not an executor or a beneficiary, it would still be sensible to highlight the solicitor's striking off to the executors of the will, if your relative has passed away. 

This means they can conduct robust checks to provide clarity and safeguard against any related attempts to contest the will.

Could the will be challenged?

A family member could theoretically attempt to rely on the solicitor's fraud charge to challenge the will but the charge alone would not establish invalidity.

For it to stand up as a valid dispute, there must be evidence of an underlying problem, such as fraud connected to the will, undue influence, lack of capacity or defective execution.

Following the description of events and the lack of a clear link between the fraudulent behaviour and your relative’s will, I would have no reason to believe it is invalid or could legitimately be contested on the later actions of the solicitor, but it is best to seek legal advice to get a definitive answer.

As several years have elapsed since the will was drafted, if your relative is still alive I would recommend they review it anyway in case there have been any changes in their circumstances that need to be updated and to ensure they are still happy with the contents.