Suspicious a Will has been forged? As probate battles rise, another case pitting sibling against sibling reaches the High Court

A barrister accused of ‘blatant dishonesty’ is being sued by his own brother over allegations he forged important documents to unlawfully claim the bulk of their mother’s £1.2 million inheritance.

The case, particularly shocking because a barrister is supposed to uphold the highest ethical legal principles, is one of a growing number of Will fraud and Will forgeries helping to spark the rise in inheritance battles.

Wards Solicitors’ Contentious Trusts and Probate Team can provide all the specialist advice you need if you need to contest or defend a Will.

If it can be proved that a Will has been forged, a successful claim will see it set aside in favour of a previous valid Will, or the Intestacy Rules if there was no earlier valid Will.

What happened in this forgery case?

Barrister Robert Grierson is accused by his younger brother, Duncan, of faking a document granting him half their mother’s house as well as creating a new Will leaving him the bulk of her remaining estate and Duncan just £10,000.

Their mother Elise Grierson, who died in March 2022 just months after her husband of 60 years, had always treated both her sons the same in her estate planning, the High Court was told.

However, just 51 days before her death at the age of 84, she made significant changes which saw Duncan’s share of her estate vastly diminished.

Duncan contested the validity of this Will arguing that his mother did not have the mental capacity to understand it and that it wasn’t properly witnessed.

He also claimed that a Declaration of Trust made in 2013 granting Robert a half share of their mother’s £1 million home was forged.

What does the High Court make of this Will dispute?

Whilst Robert Grierson has denied the accusations, his failure to disclose evidence earlier this year means he was barred from attending the most recent court hearings.

Duncan claims a previous Will made in 2020, in which their mother divided her estate equally between her sons, was her last true Will and that she had no reason to change it.

His barrister, Ms McDonnell, who accused Robert of ‘blatant dishonesty’, told the judge that an expert believed that Mrs Grierson’s signature and initials on the Trust document were probably ‘simulations’ with evidence of an ‘indented tracing guideline’ making it ‘highly probable’ she didn’t sign it.

She also said that circumstances surrounding the making of the 2022 Will, made just 16 days after Mrs Grierson’s husband died when she was grief stricken and vulnerable, were extremely suspicious.

Not only did it go against her lifelong wishes to treat both sons the same, one of the witnesses to the Will claimed Mrs Grierson’s signature was already on the document when they signed it.

In conclusion, said Ms McDonnell, it was clear the declaration of trust was a forgery and the 2022 Will was invalid.

• High Court Judge Wicks has reserved her decision which will be given at a later date.

Get in touch

Forgery is a crime and grounds for contesting a Will. If you suspect this has happened it is important to take legal advice as quickly as possible as time limits apply.

If you want to contest or defend a Will, please contact Wards Solicitors’ Contentious Trusts and Probate Team.

Our lawyers are members of the Association of Contentious Trusts and Probate Specialists (ACTAPS), the Society of Trust and Estate Practitioners (STEP), Solicitors for the Elderly (SFE) and the Law Society’s Probate Panel. All demand an elevated level of expertise and up to date knowledge from their members.

Wards Solicitors is praised by the Legal 500 Guide 2025 for its extensive probate disputes presence across the South West advising on contentious estate administration matters, Court of Protection issues and challenges to the validity of Wills with a large roster of clients.

Elizabeth Fry is highlighted as a key lawyer and is praised for her ‘diligent and thorough' approach to a wide range of disputes related to mental capacity issues, as well as in claims under the Inheritance Act 1975.

• Instructing specialist solicitors when making or updating your Will is the best way to prevent forgery and ensure it is safe and effective. Contact our Wills and Mental Capacity Team for more information.