What Do I Do If I Think a Will Is Forged?
Dealing with a will after a loved one’s death is challenging, especially when you suspect that the will may have been forged. Forged wills can significantly alter the distribution of assets, leading to unfair outcomes and causing family conflicts.
Given what our estate planning and probate attorneys have seen at Bochnewich Law Offices in Palm Desert, California, we recognize how important a valid will is.
If you believe a will has been falsified, taking the right steps according to the law is essential. In this blog, we’ll walk you through what to do if you suspect forgery and how to protect your loved one’s estate. As a firm that handles these matters, we guide clients through these processes with care and attention.
Understanding Forged Wills in California
A forged will occurs when someone falsifies the testator’s signature or alters the will to reflect false intentions. In California, wills must follow specific legal requirements to be valid.
For example, a last will and testament must be signed by the testator and witnessed by at least two individuals who are present at the same time. If any of these legal requirements aren’t met, or if the will was tampered with, it may be invalid.
Forgery is a serious accusation and can involve criminal penalties, but proving that a will is forged requires solid evidence. If you suspect a will has been falsified, you’ll need to act quickly to contest it before probate is completed.
Signs That a Will Might Be Forged
There are several signs that could indicate a will is forged. If you notice any of these red flags, it’s important to investigate further.
Unfamiliar Signatures: One of the most obvious signs of a forged will is an unfamiliar signature. If the signature on the will doesn’t match the handwriting of the testator, this could indicate forgery. Compare the signature on the will to other known signatures of the testator on legal documents, checks, or letters.
Sudden Changes to the Will: If the will was revised or updated shortly before the testator’s death, especially if the changes seem out of character, this could be a sign that something is wrong. Sudden or drastic changes that favor one individual over others, particularly when they contradict earlier versions of the will, may warrant suspicion.
Witnesses You Don’t Know: In California, wills must be witnessed by at least two people. If the witnesses listed on the will are unfamiliar to you or weren’t close to the testator, it could raise concerns about the authenticity of the will. It's essential that the witnesses be present when the testator signs the will and can confirm its validity.
Unclear or Sloppy Language: A well-drafted will is typically clear, specific, and professionally written. If the will contains vague or inconsistent language, or if sections appear to be hastily added, it may be a sign of forgery or tampering. Inconsistencies between different sections of the will are often an indicator of possible alterations.
Steps to Take If You Suspect Forgery
If you think the will in question has been forged, there are several steps you should take to protect your loved one’s estate and contest the validity of the document.
Gather Evidence: The first thing you’ll need to do is collect as much evidence as possible to support your claim that the will has been forged. This might include comparing signatures, collecting old versions of the will, or gathering testimonies from people who knew the testator’s intentions. Photographs of the testator’s signature on other documents can also be valuable evidence to present in court.
Consult With an Attorney: Contesting a will in California requires going through the legal system, which can be complicated. Working with an experienced probate attorney is crucial when challenging a will. An attorney helps determine the strength of your case, gathers the necessary documents, and represents you in court. California law places a high burden of proof on the person contesting the will, necessitating legal assistance.
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 asks the court to declare the will invalid due to forgery. When contesting a will in California, you must prove your claim with convincing evidence, which can include handwriting analysis, witness testimony, and expert opinions.
Request a Handwriting Expert: One of the most effective ways to prove forgery is by hiring a handwriting expert. These experts can analyze the signature on the will and compare it to known examples of the testator’s handwriting. If the expert determines that the signature was forged, their testimony can be critical in proving your case in court.
Stay Involved in the Probate Process: Contesting a will can take time, and it’s important to stay actively involved throughout the probate process. Be prepared to provide evidence and cooperate with your attorney. Keeping a close eye on the probate proceedings will help you stay informed about the status of your contest and the distribution of the estate.
Legal Standards for Proving Forgery in California
Proving a will was forged in California requires meeting specific legal standards. When a will is contested, the burden of proof rests on the person challenging the will. In the case of a forgery, the court will expect clear and convincing evidence that the will isn’t authentic.
California courts will consider several factors when evaluating a forgery claim, such as whether the signature matches the testator’s usual handwriting, whether the witnesses can confirm the testator signed the document, and whether there’s any evidence of coercion or undue influence. Courts will also weigh the credibility of handwriting experts and other professionals involved in the case.
If the court finds that the will was forged, it will declare the document invalid. Once a will is invalidated, the estate will be distributed either according to a previous valid will or, if no earlier will exists, through California’s intestate succession laws.
Consequences of Forging a Will
Forgery isn’t just a civil issue—it’s also a criminal offense in California. Anyone caught forging a will can face serious legal consequences, including criminal charges, fines, and even imprisonment. Forgery is considered a type of fraud, and those found guilty may face penalties for both the fraud itself and any attempt to benefit from the fraudulent will.
The individual who committed the forgery may also lose any inheritance rights if they were named in the falsified will. The court may impose sanctions or penalties, barring them from receiving any assets from the estate. Additionally, criminal charges for forgery can lead to imprisonment, making the stakes high for those attempting to alter or falsify a will.
What Happens If the Will Is Invalidated?
If a will is found to be forged, the court will declare it invalid. From there, the estate will either revert to an earlier, valid will. According to the California Legislature, if no such will exists, the estate will be distributed according to our state’s intestate succession laws. These laws determine who inherits the estate based on familial relationships, starting with the closest relatives.
For example, if there’s no valid will, the surviving spouse and children are the first to inherit. If no spouse or children exist, the estate may go to other relatives such as parents or siblings. Intestate succession laws aim to distribute assets fairly, though they may not always align with what the deceased originally intended, which is why proving forgery promptly is so important.
Consult With an Attorney Right Away
If you think a will has been forged, taking swift legal action is critical to protect your loved one’s estate. By gathering evidence, consulting with an attorney, and filing a will contest in probate court, you can challenge the validity of the document. Working with a handwriting expert and staying actively involved in the process will help strengthen your case.
Call Us If You Suspect a Loved One’s Will Isn’t Valid
Our firm is here to help guide families through the legal challenges of contesting a will and safeguarding the estate from criminal actions. Our office serves clients in Riverside County, Los Angeles County, San Bernardino County, Orange County, and San Diego County. Contact us at Bochnewich Law Offices if you believe you’re dealing with a fraudulent will in Southern California.