Probate Fraud Lawyers NSW & QLD — False Grants, Concealed Wills, Forged Affidavits

Who this page is for

Beneficiaries

You suspect the executor has obtained probate by concealing a later will, misrepresenting the estate's value, or failing to disclose all beneficiaries. You need to understand whether the grant can be challenged and what evidence you need.

Family Members

A relative has died and you have reason to believe the person applying for probate is not being honest with the court — perhaps they have hidden a later will, or they are misrepresenting the deceased's assets or domicile.

Executors Facing Allegations

You are an executor who has been accused of probate fraud. Whether the allegation is unfounded or arises from an honest mistake, you need to understand the seriousness of the position and how to respond.

Professionals & Referrers

Accountants, financial advisers, or aged-care workers who have identified irregularities in a probate application and need to refer the matter to a specialist estate litigation lawyer.

What probate fraud is — in plain English

Probate is the court process that confirms a will as valid and gives the executor legal authority to administer the deceased's estate. Probate fraud occurs when someone — usually the executor or a person who stands to benefit — lies to the court during this process. The lie may be about the existence of a later will, the value of the estate, the identity of beneficiaries, or any other material fact that affects the court's decision to grant probate.

Probate fraud is a subset of estate fraud. While estate fraud covers dishonest conduct affecting an estate more broadly — including conduct before and after death — probate fraud is specifically fraud connected to the probate application and the grant. The distinction matters because the remedies are different: probate fraud primarily targets the validity of the grant itself, while broader estate fraud may involve tracing and recovering misappropriated assets.

⚠ Why urgency matters in probate fraud cases

Once probate is granted and the executor begins distributing assets to beneficiaries or selling property to third parties, those transactions become increasingly difficult to unwind — even if the grant is later proven to have been obtained by fraud. A bona fide purchaser for value without notice of the fraud may acquire good title. This means the window for effective action is narrow: ideally, you act before probate is granted, or as soon as possible after the grant if fraud is discovered later. Do not wait.

Common forms of probate fraud

Probate fraud takes several distinct forms. Understanding which one applies to your situation is the first step in knowing what evidence to gather and what remedy to seek.

1. False Affidavits in the Probate Application

The executor swears or affirms an affidavit containing false statements — for example, stating that no later will exists when one does, misrepresenting the value of the estate to reduce filing fees, claiming all beneficiaries have been notified when they have not, or providing an incorrect address for a known beneficiary. A false affidavit is both a contempt of court and a ground for revocation of the grant.

2. Concealment of a Later Will

The most serious form of probate fraud: the executor deliberately hides a later will that revokes or alters an earlier one, then obtains probate of the earlier document. The later will might reduce the executor's benefit, remove them from the role, or benefit different people. In Queensland, s 488 of the Criminal Code makes forging or uttering a forged will an offence carrying up to 14 years imprisonment. In NSW, equivalent offences exist under the Crimes Act 1900.

3. Undervaluing the Estate

The executor provides a deliberately low estimate of the estate's value in the probate application. This may be done to reduce probate filing fees (which are calculated on estate value), to mislead beneficiaries about the true size of the estate, to conceal assets from the Australian Taxation Office, or to suppress the true value for personal gain. Undervaluation often accompanies other forms of executor misconduct.

4. Forged Documents in Support of the Application

Documents submitted to the probate registry are forged — including the will itself, consents from beneficiaries (purporting to show they agree to the grant), death certificates, or renunciations (where a beneficiary supposedly gives up their right to administer the estate). Forgery is both a ground for revocation and a criminal offence in both NSW and Queensland.

5. Misrepresentation of the Deceased's Domicile or Assets

The executor falsely states the deceased's place of domicile (for example, claiming the deceased was domiciled in NSW when they were domiciled in Queensland) to obtain a grant in a more favourable jurisdiction. Alternatively, the executor may misrepresent the nature or location of assets — for example, claiming certain property was jointly owned (and therefore passes outside the estate) when it was in fact solely owned by the deceased.

6. Concealment of Beneficiaries or Creditors

The executor fails to disclose the existence of all beneficiaries entitled on intestacy, or fails to notify known creditors of the estate, enabling estate assets to be distributed before debts are paid. This can leave beneficiaries and creditors without recourse, particularly where distributions have been made to parties who cannot be located or who have spent the money.

Red flags — when to suspect probate fraud

Probate fraud is often discovered because something does not add up. The following patterns commonly emerge in cases where probate has been obtained dishonestly:

The executor rushes the probate application through with unusual speed, before all family members have been notified
Beneficiaries are kept in the dark — the executor refuses to share copies of the will or the probate application
The estate's reported value seems far lower than what you know the deceased owned
You discover the deceased made a later will — but the executor is proceeding with an earlier one
The executor claims the deceased had no will when you know one existed
The executor's account of the estate assets keeps changing — inconsistency is a red flag
The deceased's signature on the will submitted for probate looks different from their known signature
Key documents are missing — the original will cannot be found, or solicitor files are unavailable
The executor has a history of financial dishonesty or has been involved in other estate disputes

How probate objections and disputes work

In both NSW and Queensland, a person with a legitimate interest in the estate can take action to prevent or reverse a fraudulent grant of probate. The process differs depending on whether probate has already been granted.

Before probate is granted — lodging a caveat or notice

NSW: A caveat can be lodged with the Supreme Court of NSW under Part 78 of the Supreme Court Rules. The caveat prevents probate from being granted while you investigate or prepare a challenge. You must have standing — generally as a beneficiary under an earlier will, a person entitled on intestacy, or another interested party. A caveat does not last indefinitely — it may be challenged by the executor through a warning, requiring you to file an appearance and commence proceedings.
QLD: The equivalent procedure is a Notice of Intention to Oppose the grant, filed under the Uniform Civil Procedure Rules 1999 (Qld). The notice must state the grounds of objection. Unlike a NSW caveat, the QLD notice expressly requires grounds to be stated at the time of filing.

After probate is granted — revocation proceedings

If probate has already been granted and you discover it was obtained by fraud, you can apply to the Supreme Court to revoke the grant. The court will revoke the grant if satisfied that:

The grant was obtained by fraud, or
A material fact was not disclosed to the court at the time of the application, or
A later will has been discovered that revokes or alters the will for which probate was granted

Revocation proceedings are more complex and costly than pre-grant objections. The court must consider the interests of third parties who have acted in reliance on the grant — including purchasers of estate property and beneficiaries who have received distributions in good faith. This is why early action is so strongly emphasised.

Additional court orders

Discovery orders: The court can order the executor to produce documents — including solicitor files, medical records, financial records, and correspondence — to investigate suspected fraud. Failure to comply with discovery orders can result in contempt findings.
Freezing orders (Mareva orders): Where there is a real risk of estate assets being dissipated or removed from the jurisdiction, the court can make orders freezing those assets pending the outcome of the investigation. These are serious orders requiring strong evidence of risk.
Interim administration: Where the executor's conduct is so concerning that they cannot be trusted to administer the estate pending the dispute, the court may appoint an interim administrator — often the NSW Trustee & Guardian or the Public Trustee of Queensland — to take control of the estate.

Evidence that matters in probate fraud cases

Probate fraud cases are evidence-intensive. The more documentation you can gather, the stronger your position. The following categories of evidence are commonly relevant:

The original will and all earlier versions: Physical inspection of the document is critical — look for signs of forgery, unusual formatting, or inconsistencies between versions
The probate application and supporting affidavit: Scrutinise every statement made under oath — compare it against what you know to be true
Solicitor correspondence and file notes: These reveal what instructions were given, by whom, and when — essential for tracing the will-making process
Medical records of the deceased: Relevant to capacity, vulnerability, and the circumstances in which the will was executed
Financial records: Bank statements, property valuations, share certificates, and tax returns showing the true value of the estate
Witness statements: From family members, carers, medical professionals, and anyone who dealt with the deceased in their final period
Communications between the executor and beneficiaries: Emails, text messages, letters — anything that reveals what the executor told people (or failed to tell them)
The deceased's personal papers: Diaries, notebooks, letters of wishes, and informal notes that may reveal testamentary intentions

NSW vs QLD — probate fraud differences

Probate fraud under NSW law

Governing legislation: Succession Act 2006 (NSW), Probate and Administration Act 1898 (NSW), Supreme Court Rules Part 78
Six-month expectation: Probate applications should generally be made within six months of death. Delay beyond this period requires explanation. A rushed or delayed application can itself be a red flag
Supreme Court Equity Division — Probate List: Specialist judges hear probate disputes, revocation applications, and contested grants. The Probate List manages these matters from commencement to trial
Caveat procedure: Governed by Part 78 of the Supreme Court Rules. A caveat prevents probate from being granted. The caveator must have standing and may be required to file an appearance and commence proceedings if the caveat is warned
Costs — the probate exception: Where the testator's own conduct or the circumstances surrounding the will caused the litigation, the court may order costs to be paid from the estate rather than by the unsuccessful party. This is an exception to the usual rule that costs follow the event
Criminal offences: Crimes Act 1900 (NSW) — forgery (s 253), making false documents (s 254), using false documents (s 255), and perjury (s 327). Making a false statement in a probate affidavit may constitute perjury
NSW Trustee & Guardian: May be appointed as interim administrator where the executor's conduct warrants removal pending determination of the dispute
NCAT jurisdiction: Where probate fraud overlaps with enduring power of attorney abuse, NCAT may review the attorney's conduct under the Powers of Attorney Act 2003 (NSW)

Probate fraud under Queensland law

Governing legislation: Succession Act 1981 (QLD), Uniform Civil Procedure Rules 1999 (Qld) Chapter 15
s 41 — Revocation of grant: The court may revoke a grant of probate or letters of administration where it was obtained by fraud, where a later will is discovered, or where the grant ought not to have been made
s 10(2) — Positional signature requirement: The testator's signature must be in a particular position on the will. A will that does not comply may still be admitted to probate under s 18 (dispensing power), but the irregularity may be evidence of suspicious circumstances
s 24(2) — Lost will presumption: Where a will was last traced to the testator's possession and cannot be found, there is a statutory presumption that the testator destroyed it with the intention of revoking it. This presumption is significant where someone claims a later will existed but was destroyed by another person
Criminal Code s 488: Forging a will, codicil, or other testamentary instrument, or uttering (presenting) a forged will knowing it to be forged, carries a maximum penalty of 14 years imprisonment. This applies to both the person who forges the document and the person who presents it to the court
Notice of Intention to Oppose: The QLD equivalent of a NSW caveat. Filed under the UCPR, it must state the grounds of objection. Unlike a NSW caveat, grounds must be specified at the time of filing
QCAT jurisdiction: Where probate fraud is connected to misuse of an enduring power of attorney, QCAT can review the attorney's conduct, order compensation, and revoke the power of attorney under the Powers of Attorney Act 1998 (QLD)
Public Guardian (Qld): May investigate where the will-maker's capacity or protection is in issue, and may apply to QCAT or the Supreme Court for protective orders

Criminal consequences of probate fraud

Probate fraud is not only a civil wrong — it can carry serious criminal consequences in both states:

Forgery of a Will (NSW & QLD)

In QLD, s 488 of the Criminal Code carries up to 14 years imprisonment. In NSW, the Crimes Act 1900 (ss 253-255) covers forgery and use of false documents, with penalties of up to 10 years imprisonment. These offences apply whether the person forged the will themselves or knowingly used a forged document in the probate application.

Perjury & False Statements (NSW & QLD)

Swearing a false affidavit in support of a probate application is perjury. In NSW, s 327 of the Crimes Act 1900 carries up to 10 years imprisonment. In QLD, s 123 of the Criminal Code carries up to life imprisonment for perjury in the most serious cases, though probate-related perjury typically attracts lesser penalties.

Fraud Offences (NSW & QLD)

Obtaining a financial benefit by deception — including obtaining control of estate assets through a fraudulent grant of probate — may constitute fraud under s 192E of the Crimes Act 1900 (NSW, up to 10 years) or s 408C of the Criminal Code 1899 (Qld, up to 20 years in aggravated cases).

Contempt of Court

Making false statements to the Supreme Court in a probate application is a contempt of court, punishable by fine or imprisonment. This is separate from and additional to any criminal charges for perjury or fraud.

Common mistakes people make with probate fraud

Waiting to see what happens: The single most damaging mistake. Once assets are distributed, recovering them becomes exponentially harder. If you suspect probate fraud, act before the grant is made if at all possible
Confronting the executor directly: Alerting the executor to your suspicions may prompt them to accelerate the probate process, destroy evidence, or transfer assets before you can take protective action. Get legal advice first
Assuming the police will handle it: While probate fraud can involve criminal conduct, police resources are limited and fraud investigations take time. The civil remedy — revocation of the grant — is frequently faster and more effective at recovering assets. Civil and criminal proceedings can run in parallel
Accepting the executor's explanation at face value: Fraudsters are often plausible. If the executor's explanation for discrepancies does not add up — or keeps changing — trust your instincts and investigate
Assuming you need absolute proof before seeking advice: You do not need to prove probate fraud before consulting a lawyer. You need reasonable grounds for suspicion. A lawyer can advise what evidence would be required to establish fraud and help you gather it
Overlooking the significance of small discrepancies: Minor inconsistencies — a slightly wrong date, a valuation that seems a little low, a beneficiary who was not notified — can be the first visible sign of larger dishonesty. Small discrepancies warrant investigation, not dismissal

What to do if you suspect probate fraud

Do not alert the executor to your concerns. Premature disclosure can trigger destruction of evidence or acceleration of asset transfers
Gather what documents you can access now. Earlier wills, correspondence, financial records — anything you already have in your possession
Contact a specialist estate litigation lawyer. Explain what you have observed and why you suspect fraud. The lawyer will assess whether the indicators are sufficient to warrant formal investigation
Consider lodging a caveat or Notice of Intention to Oppose. If probate has not yet been granted, this prevents it being granted while you investigate. This must be done promptly — once probate is granted, the position changes significantly
If probate has already been granted, seek urgent advice about revocation. The court can revoke a grant obtained by fraud, but delay is prejudicial. The sooner you act, the better your prospects of recovering assets

Suspect probate fraud? Do not wait.

The difference between a successful recovery and a total loss often comes down to how quickly you act. We can review the probate application, identify irregularities, advise whether there are grounds to object or seek revocation, and take urgent protective steps if necessary. Every day matters.

Confidential Case Review Urgent — Stop a Grant Fraud Warning Signs Checklist

Frequently asked questions

The grant can be revoked by the Supreme Court on application by an interested party. The court will consider whether the false information was material — that is, whether the grant would not have been made if the truth had been known. However, revocation does not automatically reverse distributions already made to third parties who received assets in good faith and without notice of the fraud. This is why acting before probate is granted — or immediately upon discovering the fraud — is critical. The executor who obtained the fraudulent grant may be ordered to personally compensate the estate for losses caused by their dishonesty.

Yes. You can lodge a caveat (NSW) or a Notice of Intention to Oppose (QLD) with the Supreme Court to prevent probate from being granted. You must have standing — generally as a beneficiary under an earlier will, a person entitled on intestacy, or another party with a legitimate interest in the estate. In NSW, the caveat procedure is governed by Part 78 of the Supreme Court Rules. In QLD, the notice procedure is governed by the Uniform Civil Procedure Rules. In both states, the executor may challenge your caveat or notice by issuing a warning, which requires you to file an appearance and commence proceedings within a specified timeframe. You should have legal advice before lodging a caveat or notice.

This is one of the most common probate fraud scenarios. If a later will is discovered after probate, an application can be made to revoke the earlier grant and admit the later will to probate. The person who concealed the later will may face serious consequences, including adverse costs orders and potential criminal liability. In QLD, s 488 of the Criminal Code specifically criminalises forging or uttering a forged will — up to 14 years imprisonment. In NSW, the Crimes Act contains equivalent forgery and fraud offences. The key evidentiary question is whether the later will is valid — was it properly executed, did the testator have capacity, and was it made free from undue influence?

Probate fraud and executor misconduct are related but distinct. Probate fraud is dishonesty directed at the probate application process itself — lying to the court to obtain the grant. Executor misconduct is misconduct in the administration of the estate after the grant — such as delay, failure to account, self-dealing, or misappropriation of estate assets. They often overlap: an executor who lies to obtain probate may also mismanage or steal from the estate once in control. But the remedies differ: probate fraud primarily targets the validity of the grant; executor misconduct targets the executor's conduct and may result in their removal, an order for accounts, or personal liability for losses.

Yes. Probate fraud that involves forgery, perjury, or obtaining financial advantage by deception may constitute criminal offences in both NSW and Queensland. You can report suspected criminal conduct to the police. However, police investigation and prosecution of fraud offences can take considerable time, and the criminal standard of proof (beyond reasonable doubt) is higher than the civil standard (balance of probabilities). In many cases, the more urgent priority is the civil remedy — lodging a caveat, seeking revocation of the grant, or obtaining freezing orders — to preserve and recover estate assets. Civil and criminal proceedings can run in parallel. A specialist estate litigation lawyer can advise on the most effective strategy.

Related services and resources

Estate Fraud

Broader fraudulent conduct affecting an estate — forged wills, hidden assets, unauthorised transfers, and false representations. Estate fraud challenges the integrity of the entire estate administration process.

Challenging a Will

Grounds for contesting a will include probate fraud, but also undue influence, lack of capacity, and want of knowledge and approval. Where fraud is suspected, multiple grounds are often pleaded.

Executor Misconduct

Where the executor has obtained probate legitimately but is now mismanaging or misappropriating the estate. Removal, accounts, and personal liability remedies are available.

Suspected Estate Fraud Checklist

Practical checklist: warning signs to look for, what to document, what to gather, and what not to do. A starting point before seeking legal advice.

Disclaimer: This page provides general information about probate fraud under NSW and Queensland law. It does not constitute legal advice. The legal principles are complex and outcomes depend on the specific facts and evidence of each case. You should obtain legal advice specific to your circumstances before taking any action. Last reviewed: June 2026. Jurisdiction: New South Wales and Queensland, Australia.

Probate Fraud — False Grants, Concealed Wills & Misleading the Court