Forgery of a will is both a criminal offense and grounds for the will’s complete invalidation. When there is suspicion that a will has been forged or fraudulently created, immediate legal action is required to protect the legitimate heirs’ rights.
What Constitutes Will Forgery?
Will forgery encompasses several types of fraudulent conduct: creating a completely fabricated document, altering an existing will, forging the testator’s signature, backdating a will, and creating a will when the testator lacked capacity to understand what they were signing.
Any manipulation of a will that produces a document that does not accurately represent the testator’s genuine, free and informed wishes may constitute forgery.
Warning Signs of a Forged Will
Common indications that a will may not be genuine include: the will appears different from the testator’s known handwriting, witnesses cannot recall witnessing the document, the will was found only after the death and its origins are unclear, significant changes in the testator’s estate planning happened when they were vulnerable, or the will dramatically departs from the testator’s known wishes.
How to Challenge a Suspected Forged Will
Challenging a will on forgery grounds requires gathering evidence and filing an application in the probate proceedings. The court can order forensic examination of the document, question witnesses, and examine other evidence.
An attorney will guide the entire process from initial assessment of the grounds for challenge through to the final court determination.
The Burden of Proof
The person challenging a will on forgery grounds bears the burden of proving the forgery. This typically requires expert forensic evidence – handwriting analysis, ink testing, document examination – as well as circumstantial evidence about the circumstances of the will’s creation.
Criminal Proceedings Alongside Civil Challenge
If there is evidence of forgery, criminal proceedings may be pursued simultaneously with the civil probate challenge. Police and prosecutors can investigate the forgery, potentially resulting in criminal charges against those responsible.
