When someone forges a signature on a will, this has the potential to undermine the legacy of your deceased loved one and your financial future, which has repercussions that can ripple across your family for generations. While it may feel like you are powerless in this situation, it is essential to understand that you have rights. If you have been the victim of a fake will and forged signature, you can fight back if you learn how to prove a forged will signature in court with a seasoned probate litigation attorney.
“Proving a forged will is about more than presenting evidence,” said Andrew Micaraset, a Super Lawyers Southern California Rising Star 2024 and an associate at Gokal Law Group with a strong probate litigation practice. “It’s about uncovering the truth behind a fraudulent document, and with the right legal guidance, you can ensure the responsible parties are held accountable and your loved one’s true intentions are honored,” said Micaraset
How to Prove a Forged Will Signature in Court
A forged will occurs when someone falsifies the testator’s signature or alters the will to reflect false intentions. This forgery is a type of fraud. If you believe you are dealing with a forged and fake will, you will have to contest its validity and know how to prove a forged will signature:
- Ensure you have legal standing
- Gather evidence
- Consult with an attorney
- File a contest in probate court
- Request a handwriting expert
- Stay involved in the probate process
From how to spot a forged signature to the penalty for this crime, here’s what to know.
Related Article: How to Prove a Will is Fake in California
How to Spot a Forged Will Signature
While it can be challenging to spot forgeries because the perpetrator often goes to great lengths to make the signature and document look as genuine as possible, several red flags could signal you are dealing with a forged and fake will. If you notice any of these signs, you should investigate further and prepare to learn how to prove a forged will signature in court:
- The signature on the will does not match other signatures they have made. Compare the signature to signatures made on other legal documents, checks, or letters if the signatures don’t seem to add up.
- There are missing pages. If pages of a will are clearly missing, this is grounds for further investigation. Further, if a majority of the document is printed on one type of paper and select pages are in a clearly different type of paper or a new piece of paper, this is also cause for suspicion.
- There were sudden changes to the will. If the will was revised or updated shortly before the testator’s death, especially if they are out of character, this could signal foul play.
- The will benefits individuals the testator would not favor. If you are surprised by beneficiaries designated in the will or the amount certain beneficiaries are due to receive from the estate and you know this would not align with the testator’s wishes, this is a red flag.
- The provisions are substantially different from those in an early version of the will. Further, unclear, sloppy language could signal provisions were hastily added, especially if there was a dramatic change in the language itself for no apparent reason. Alternatively, ambiguous and sloppy language could also indicate forgery or tampering has occurred. A well-drafted will is often clear, specific, and professionally written.
- The will was found unexpectedly after the testator’s death with no previous knowledge of its existence.
- The witnesses to the will are being obstructive or will not answer questions regarding the execution of the will, or they are unidentifiable. In California, wills must be witnessed by at least two people. Also, if you don’t know the witnesses at all, this could also be a red flag.
Related Article: When to Get a Will and Trust Fraud Attorney in California
How to Prove a Forged Will Signature in Court
If you have spotted some of the red flags we mentioned above and believe that someone has forged a signature on a will, it is crucial to act quickly. There are several steps to follow when determining how to prove a forged will signature in court:
- Ensure you have legal standing: To contest a will in the first place, you must have legal standing, meaning you must be a beneficiary of the contested will, the beneficiary of a prior will, or a potential inheritor under state law.
- Gather evidence: The first thing you must do is collect as much evidence as possible to support your claim that the will is a product of forgery. This could include comparing signatures, gathering old versions of the will, or compiling testimonies from people who would know the testator’s genuine intentions. Photographs of the testator’s signature on other documents could be a valuable piece of evidence to present in court.
- Consult with an attorney: Contesting a will in California requires going through the legal and probate system, which is complicated, so working with an experienced probate lawyer is of the utmost importance. An attorney will help determine the strength of your case, gather necessary documents, and represent you in court.
- File a contest in probate court: If you believe the will is forged, you will need to file a will contest in the probate court that is handling your loved one’s estate – this legal action requests the court to invalidate the will due to forgery.
- Request a handwriting expert: When you are contesting a will in California, you must prove your claim with convincing evidence, which can include handwriting analysis, witness testimony, and expert witness opinions. One of the most effective ways to prove that someone forged a will signature is by enlisting the help of a handwriting expert. These experts analyze the signature on the will and compare it to known examples of the testator’s handwriting. If they determine it was forged, this could be invaluable in proving your case in court. For example, a handwriting expert could identify whether the signature is traced or freehand, when it was added to the document, or whether it has been cut and pasted in.
- Stay involved in the probate process: Contesting a will is time- and labor-intensive, and it’s crucial to stay actively involved throughout the probate process. Prepare yourself to provide evidence and cooperate with your attorney. Keep a close eye on proceedings and stay informed about the status of your contest.
“In cases of forged wills, time is of the essence—acting swiftly, gathering evidence, and seeking the help of an experienced probate litigation attorney can make the difference between protecting your rights and losing your inheritance,” said Micaraset.
Related Article: What Are the Grounds for Contesting a Will in California?
What is the Penalty for Forging a Signature on a Will?
Forging a will is not just a civil issue; it’s a crime. If the forgery was an attempt to obtain property or money, further charges could also apply. Remember, forgery is a type of fraud. Each case is judged individually and will consider the actions and consequences of the offense.
The individual who committed the forgery could lose inheritance rights if they were named in the original will or would stand to inherit based on an intestate succession order. In more serious cases, the forger could face up to 10 years in prison, a heavy fine, or both.
The exact sentence hinges on the severity of the crime, which weighs how much money was involved and how the crime impacted the victims (i.e., you and your loved ones).
So, what is the penalty for forging a will? It depends on your unique circumstances, but a seasoned probate litigation attorney could help you determine what the most likely outcome would be as you hold the guilty parties accountable.
If you prove a will is forged, the court will invalidate it, meaning that the estate will either revert to an earlier, valid will or, if no such will exists, it will be governed by intestate succession laws per California probate law.
Intestate succession laws, or next of kin laws, determine who inherits based on familial relationships, starting with the closest living relatives.
Related Article: What is the Success Rate of Contesting a Will in California?
Work with Premier Attorneys who Can Guide You Through How to Prove a Forged Will Signature in Court.
If you suspect a forged will is threatening your inheritance or undermining your loved one’s true wishes, don’t face this challenge alone. Proving a forged signature in court requires skilled legal expertise, close attention to detail, and a solid strategy. Our seasoned probate litigation attorneys can help you navigate this complex process and fight for the inheritance you deserve.
Contact us today to schedule a consultation, and let us guide you through how to prove a forged will signature in court to protect your rights. Your peace of mind and your loved one’s legacy deserve the effort.
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