If you suspect that someone has forged the will governing the inheritance you stand to receive, this offense can have substantial short and long-term consequences on the family’s financial well-being and security. We understand the emotional and legal turmoil this can cause. In these situations, many beneficiaries like you come to us wondering how to prove a will is fake. Proving a will is fake requires considerable experience and expertise in probate court, but we are here to help you understand what this entails.
At Gokal Law Group, we have guided numerous beneficiaries through exposing forged wills and gaining favorable outcomes in court. We have successfully recovered millions in settlements and trial verdicts for clients. Here’s what to know about how to identify a forged will to protect your rightful inheritance.
How to Identify a Forged Will
If you suspect you are dealing with fraud in a will, it is imperative to understand how to identify a forged will to gain a better understanding of whether or not this is the situation you are dealing with. Several red flags could signal that a will has been forged, such as:
- The creator making the will without an attorney
- Signs of staple removal, like holes or staple rust in locations from old staples
- Noticeable differences in shade, weight, or age on specific pages
- White-out, corrections, or additions in the text
- Missing, misplaced, or replaced pages
- The will benefiting people that would be out of character for the decedent to provide for
- The date of the signature not matching up with other documents or events
- Missing or wrong legal language
- Suspicious signatures or signatures that don’t resemble the decedent’s authentic signature
Pay close attention to the signature, as signatures can tell you more than you likely realize. For example, if the thickness is constant and maintains the same thickness with every stroke, this could suggest that the signature was traced.
Conversely, if the lines are unsure, wavy, fuzzy, or shaky, this could be a sign that the person who signed the document took too long and that it is not authentic or natural. It could even be a sign of someone taking advantage of them in their old age, which also invalidates a will.
Related Article: What is the Success Rate of Contesting a Will in California?
How to Prove a Will is Fake
Typically, a suspicious-looking signature is the foundation of your efforts when determining how to prove a will is fake. If you have reason to believe the will has been forged, whether it’s through individual pages or signatures, it is imperative to contact a will contest attorney.
Your lawyer will walk you through the steps of filing a petition and other paperwork with the necessary courts to challenge the will, and they will have the expertise to prove a will is fake in court. Proving this in court will require compiling evidence that supports your claim.
Your attorney will have the resources to have an expert handwriting witness testify about the validity of any signatures on the document. If you suspect that the will is fake due to circumstances like undue influence or incapacity surrounding its creation, a lawyer can help here, too.
For example, imagine you believe that the decedent was strong-armed or manipulated into amending or creating the will by someone taking advantage of their vulnerable state.
An attorney can compile evidence, such as expert testimony from their healthcare provider, to attest to their deteriorating state on the date it was signed. Your attorney may also use subpoenaed communications, or testimonies from people who witnessed this abuse to further support that argument.
Ultimately, the only way to prove a will is fake is to work with a lawyer who will assess your case and situation to determine the best legal strategy and course of action.
“The first place to start should always be the document in question. For a will to be executed, it must have two witness attestations before it can be submitted to probate. You will want to locate these witnesses and question them as to whether they oversaw the execution. Depending on what you discover, they could either be accomplices to the forgery or witnesses that the will was executed properly.”
– Alison S. Gokal, Partner, Gokal Law Group
Related Article: What Are the Grounds for Contesting a Will in California?
Do You Need to Contest a Forged Will? We Can Help.
When someone has hijacked the estate plan left behind for you, Gokal Law Group can help. If you are dealing with a forged will and are wondering how to prove a will is fake, the answer should be clear: working with a premier attorney is the only option to ensure you receive the inheritance you deserve. A will fraud lawyer will have the experience, expertise, network, and resources to identify signs of a forged will and prove that forgery occurred in court.
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