Frauds and Fiddles

Nice work if you can get (away with) it.

Wills have been faked probably for as long as wills have been in existence.

Giacomo Puccini's popular comic opera Gianni Schicchi was composed in 1918, but its plot - which involves a testator pretending to be someone else - is based on stories dating back at least to the Middle Ages.

And Roman law provided harsh penalties for tampering with wills.

Doubtless many forgers have committed the crime and not done the time.

Sophisticated crooks today use high-end photocopiers, computers and other high-tech devices to compose fake wills or doctor otherwise legitimate wills. One common technique is to insert forged sheets into wills.

Buy high-tech gimmickry works both ways. Police and law-enforcement agencies also use modern technology, including devices that examine signatures in 3-D and scan for DNA.

Faking it

Octogenarian Kathleen Grundy gratefully left her house to her doctor via her 1998 will, which was properly signed by herself and two witnesses. But all three signatures were forgeries, penned by her doctor-beneficiary. He was the notorious serial killer, Dr Harold Shipman.

The death of actor Marlon Brando (died 2004) was followed by more than a dozen lawsuits and charges by his daughter-in-law Deborah (widow of Marlon's son Christian) that a codicil to his will had been forged. In August 2009 a court dismissed her third - and probably final - attempt to re-open Brando's probate.

A decade ago in the UK, Annette Russill made herself up and padded herself out to impersonate a wealthy elderly woman named Annie Kay. In this disguise, Russill instructed a solicitor to draw up a new will leaving a bundle to herself and larger sums to her adopted daughter and son-in-law, Annette and David Spillman. For their troubles, the trio got a total of 15 years in the slammer.

The Essex Spillmans should not be confused with American Mel Spillman, a probate officer and Ferrari fancier whose job gave him control of estates of people who died alone and with no heirs. On a few occasions, Spillman gave them an heir - himself. He faked documents and forged signatures, sprucing them up using official seals to which he had access as a court official. Eventually a suspicious judge led to Spillman's unmasking, but not until he had purchased five Ferraris. He was not allowed to take any of them - not even one - to prison.

Gianni Schicchi - One mule, many jackasses

Owner of a house, some mills and a prize mule, Buoso Donati may not be the Bill Gates or Warren Buffett of his day. But his day is the Middle Ages, his place is Florence, and he is pretty well off.

He is actually wealthy enough to be a prize himself. When he takes to his deathbed, his many relatives quickly surround his bedside.

Donati's next of kin are not saddened by his rapidly declining health. They do, however, become truly upset when they read his will. It confirms their worst fears. Donati is leaving the bulk of his estate not to them but to a monastery.

The relatives enlist Gianni Schicchi to thwart this tragic distribution of wealth to the wrong people. When Donati dies, Schicchi takes his place in the deathbed and dictates a new will in the presence - albeit in a dark room - of a notary and two witnesses.

But Schicchi has his own ideas about wealth transference. He is supposed to dictate a will that leaves the possessions to the relatives. Instead, Schicchi, pretending to be Donati, first gives one valuable item, then another and so on, to his good friend Gianni Schicchi. He even gives himself the mule.

Schicchi successfully enriches himself by his ruse, although he pays a high price over the long - the very long - term. He spends eternity in Hell. Giacomo Puccini based his comic opera Gianni Schicchi (1918) on darker originals, including a version by Dante (c.1265-1321).

 

 

Preventing identity theft

"Sometimes fraudsters try to take the deceased's identity to steal money from their estate. You can apply for protective registration to prevent this."

Source: DirectGov

 

Scam alert

The 'scam' that isn't

Despite the existence of probate scams, you really could be a beneficiary of some long-lost relative or other benefactor. Several legitimate companies (see heir-hunters) specialise in finding beneficiaries who are unaware that they are in line for a legacy. Some charge a fee, others levy a percentage.

If someone writes, phones or emails you saying you may be in for a windfall, how can you determine if they are legitimate?

Research the size, location and other vital life signs of the company concerned. Generally, online scams and scammers are online only. They might have a mobile phone number but no land line. They might have a web address but not a street address. Genuine genealogists and probate researchers have proper offices with proper street addresses and phone numbers. They also have a history. Beware a company that has gone into business a week or month ago.