How to Prove a Will Is Forged

A will is a legal document that must be followed to the letter if it is deemed to be valid and legitimate. As such, a forged or fraudulent will can lead to serious consequences, including an estate being distributed against the deceased's wishes and beneficiaries losing out. Will fraud may refer to a document being created, altered or presented with the intent to deceive others regarding the distribution of an estate. A forged will specifically refers to a document where the signature of the person making the will (the testator) has been faked, or where the entire document has been fabricated.

Because of the serious implications, if you can prove that a will was subject to fraud, this is a strong reason to challenge it in court and have it overturned. At the same time, the evidence required to succeed is extensive, and wills are generally presumed to be legitimate where they meet the necessary formalities. If you suspect a will has been forged or falsified, JMW can help you to gather the evidence you need, challenge the document and protect the deceased’s estate. Here, our private wealth dispute solicitors outline some of the signs of a falsified document, the evidence you can use to prove to the court that fraud has taken place and the likely outcomes if your challenge is successful.

Common Signs That May Indicate a Forged Will

A valid will is one that has been signed by the testator and two witnesses. Signatures should be made in the presence of the testator and each witness, and indicate that all of the parties involved confirm that the document represents the interests of the testator according to their intentions. However, even where a document appears to be genuine, there may be signs that the testator's signature was forged or that other factors mean that the will should be deemed invalid.

For example, a forgery may be identified through discrepancies in the signature, suspicious timing of the document's creation or the inability of witnesses to confirm the signing. If the content differs significantly from previous versions or the deceased's known wishes, this justifies further investigation into missing pages or physical tampering. Although they do not necessarily mean that the document will be overturned or is illegitimate, some signs of potential fraud or forgery include:

Sudden or unexplained changes to beneficiaries

If a new will emerges shortly after the testator's death that completely changes the distribution of the estate, it may indicate fraud. This is particularly relevant if the new beneficiaries were not previously close to the deceased or if family members who were expected to inherit are suddenly excluded.

Discrepancies in the deceased's signature

The most common indicator of a forged document is a signature that does not match the testator's known handwriting. This might include shaky lines suggesting tracing or a signature that appears too precise compared to the natural variations found in the deceased's other official documents.

Suspicious circumstances surrounding execution

The Wills Act 1837 sets out strict requirements for a valid will. It must be in writing, signed by the testator, and signed by at least two independent witnesses who were present at the same time. If there is no evidence that these witnesses were present, or if their signatures appear fraudulent, the document is invalid.

Missing pages or physical tampering

An original will should typically be a cohesive document. Signs of missing pages, different types of paper within the same document, or staples that have been removed and replaced may indicate that the document has been fraudulently altered. At the same time, bear in mind that the only legally binding requirement is that the will is in writing in addition to the requirements as regards witnesses.

While you should keep an eye out for certain warning signs, you will need specialist legal advice and strong evidence to prove, on the balance of probabilities, that fraud actually took place. While an executor must show that the will was duly executed and that the testator had the necessary testamentary capacity to apply for probate, a presumption of validity arises if the document appears to be properly signed and witnessed. Because forgery involves criminal conduct, the court requires strong, clear evidence before it will conclude that a fraud has been committed.

What Evidence Do I Need to Prove Forgery?

To prove a will is forged, you must examine the circumstances of its creation and compile a robust body of expert evidence by working with specialist solicitors, forensic document examiners and other key professionals. You may also require witness evidence regarding the testator's physical condition or whereabouts on the date the document was allegedly signed. Our solicitors can lead this investigation to meet the standard of proof required by the court.

A forensic handwriting expert is often the primary witness in these cases. They will compare the signature on the contested document with known signatures on passports, driving licences or bank letters. By examining ink flow, pressure and slant, the expert provides evidence to determine if the signature is genuine.

Beyond handwriting, a document analyst can use electrostatic detection analysis. This process reveals indented impressions on the paper, showing if the signatures were added at a different time than the main text or signed on top of another document. Forensic chemists can analyse the age and type of ink to see if it matches the purported date of the document. Your solicitor can help you to source independent witness statements from these experts, and gather the documentary or handwriting evidence you need.

We will typically also interview the attesting witnesses listed on the document. If their statements are inconsistent or they cannot confirm that they saw the testator sign the document, the validity may be compromised. In some cases, investigations reveal that the independent witnesses do not exist or were not present on the alleged date of signing.

Forgery claims are often linked to issues of mental capacity. We review medical records to determine the testator's physical and mental state at the time of the alleged execution. If the testator lacked the physical strength to sign a document on that date, this provides strong evidence of forgery.

How to Challenge a Falsified Will

If you suspect a forged document has been entered into probate, and the evidence you have gathered suggests that a successful challenge may be possible, the first step is to enter a caveat at the Probate Registry. A caveat prevents a grant of probate from being issued for six months. This freezes the estate, ensuring the executors cannot distribute assets while we take more time to investigate.

It is also possible to challenge a will once probate has been granted. However, if the estate has been distributed or estate administration is underway, it can be much harder to recover funds or assets even if the will is successfully overturned. As such, it is best to take action as early as possible.

When you have gathered sufficient evidence, we will determine the best course of action. In many cases, we may recommend negotiations with the other parties involved to resolve the concerns without the need for court proceedings, which can save time and money where appropriate.

If the dispute cannot be resolved through negotiation, we initiate proceedings in the Court. The court will examine the evidence and decide whether the document is valid or should be declared invalid due to forgery.

What Happens if the Court Finds a Will Is Forged?

If the court is satisfied that the document is forged, it will be declared invalid. The distribution of the estate then depends on whether a previous valid will exists. If a previous will exists and is deemed valid, the estate is distributed according to those terms. We can help you to conduct searches for the last valid will to ensure the testator's true intentions are followed.

If no earlier valid will exists, the estate is distributed according to the intestacy rules. These statutory rules dictate how an estate is shared in a specific order of priority, that begins with spouses and children, and then other blood relatives. We can advise you on whether distributing the estate under the intestacy rules would deliver the outcome you are looking to achieve, as it may be more straightforward to resolve matters through negotiation otherwise.

Because forgery involves a deliberate act of deception, it is treated as a criminal matter in addition to being a civil dispute. If a court finds that a document is forged, the individuals involved may face criminal proceedings and be charged with a criminal offence.

Even if the document is found not to have been forged, any suspicious changes to beneficiaries or unexpected gifts may suggest that the testator was subject to undue influence. There may be room to challenge the will on these grounds, and JMW can offer expert advice on what to do based on the evidence we have gathered.