In our last post, we highlighted a few signs that a will could be forged. Forgeries are a critical legal basis for will contests. If a will is found to be forged, it could be held to be invalid because the forgery does not accurately or legally express the testator’s true intentions.
But believing that a will has been forged and proving it are two different things. Forgery has to be proven in a court of law, and there are several ways of doing so. This post will identify a few.
Suspicious modifications – Indeed, mistakes are common as wills are modified or changed over time. However, a will that has dubious changes such as missing or manipulated pages, unsubstantiated strikeouts or erasures, signs of liquid paper being are red flags that can be used to prove a will is forged.
Documents missing legal formalities – Not every will must be drafted by an attorney, but when a document posed as a will lacks the legal formalities to demonstrate testamentary intent, it could be evidence of a forgery.
Handwriting analysis – Whether it is through computer analysis or comparison to a catalogue of signatures, a trained expert can breakdown the strokes and markings that make up a signature to determine if the signature in a will is actually the testator’s signature.
If you have questions about your legal rights and options with a potentially forged will or other estate planning document, an experienced probate law attorney can advise you.
The preceding is for informational purposes only and is not legal advice.