If you suspect that someone forged a signature on a loved one’s will, you may be able to challenge the document in California probate court. A suspicious signature does not automatically invalidate a will, but evidence about the signature and the circumstances surrounding the signing may support a forgery claim.
What evidence can support a forgery claim?
Start by comparing the disputed signature with genuine signatures from the deceased. Differences in handwriting, letter formation or other features may raise questions about authenticity. People who witnessed the signing may also have information about who was present and what happened.
Other useful evidence may include earlier versions of the will, documents showing when the will was prepared and records identifying who prepared it. A handwriting expert may also compare the disputed signature with reliable samples from the deceased.
Concerns about mental capacity or undue influence can raise separate grounds for challenging a will. Those issues should not be treated as proof that the signature itself was forged.
How can you challenge a questionable will?
California Probate law provides grounds for challenging a will in probate, including forgery, fraud, lack of capacity and undue influence. When a no-contest clause is present, California Probate Code § 21310 identifies forgery as a basis for a direct contest that does not trigger the clause. The timing and procedure for challenging a will depend on the circumstances of the probate proceeding and the notices received by interested parties.
If you intend to contest a will, preserving relevant evidence is important. Do not alter the original document or discard earlier versions. Keep copies of probate notices and records that may help establish how and when the will was created.
What should you do if you suspect forgery?
Raise the concern promptly and gather the evidence that may support it. Pay attention to court notices and applicable deadlines because waiting too long can affect your ability to challenge a will.
A suspected forgery deserves careful review, but suspicion alone is not enough. The available evidence and the circumstances surrounding the document determine whether a forgery challenge has a legal basis.