Homemade wills are leading to an increase in the number of fraud allegations. Figures released by the Court Service showed that the number of High Court cases involving disputed wills rose 175%.

Access Legal from Shoosmiths will, family and wealth specialist Karen Shakespeare said: "The increase can largely be attributed to the current economic climate and the suffering fortunes of many families, with complicated family relationships accelerating the number of claims people are making.

"Homemade wills are much more likely to lead to allegations of fraud or forgery. Without an independent party such as a solicitor to prove the validity of the will, it usually comes down to one person's word against another's. This can lead to a costly court case."

DIY wills hit the headlines again recently when the High Court rejected a woman's claim that her sister forged her mother's will, leaving her with a legacy of only £1.

Mrs Ethel Lucille Hayles died in 2006, having been looked after by her elder daughter Jacqueline for the last 17 years of her life. After her death, a homemade will executed in 2005 was found and presented for probate. It left most of the £300,000 estate to Jacqueline and only £1 to her younger daughter Angela, stating: "To my young daughter Angela Salmon she has caused the death of me, I leave her one pound."

Angela Salmon challenged the will's validity, claiming Jacqueline had forged it without her mother's knowledge. The High Court considered Jacqueline was too honest to have forged the signature on her mother's will, and decided the will was valid.

Forged wills are not a new phenomenon. Between 1946 and 1956, Dr John Bodkin Adams is believed to have killed 160 of his patients who died in suspicious circumstances. Of these, 132 left him money or items in their wills, all of which are believed to have been forged.

In 2000, Dr Harold Shipman was found guilty of killing 15 patients and forging at least one of his patient's wills to make himself the sole beneficiary.

The 2007 case of Supple v Pender involved the adult children of a Kent farmer. Initially no will was found, but a month later the son produced a homemade will. The case went to the High Court where the will was ruled a forgery.

In 2003, research found that probate fraud, including forged wills, was the second fastest growing crime, beaten only by credit card fraud.

Karen Shakespeare said: "This rise is down to the wider availability of will writing software and websites devoted to producing simple wills, making it much easier to make a will at home – and much easier to forge.

"We recently used a handwriting expert to help decide whether or not a homemade will was valid. But this is expensive and has caused distress to the family involved. None of it would have been necessary if the will had been prepared by a professional."

A spokesman for the Certainty National Will Register, which registers wills prepared by qualified and regulated professionals, said he believes the use of the will register would make forgeries almost impossible. 

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