Table of Contents
Key Takeaways
- Forgery of a will happens when someone creates, changes, or signs a will without the testator’s knowledge or permission.
- If a forged will is submitted to probate, it can prevent beneficiaries from receiving their rightful inheritance.
- Forgery may be investigated through prior estate documents. As well as witness testimony.
- California probate courts may invalidate a forged will and instead enforce a prior valid wilL if one exists. Or apply intestate succession laws.
What Is Will Forgery in California?
Forgery of a will occurs when someone creates or alters a will without the knowledge or permission of the person who made it (known as the testator). In most cases, the goal is to fraudulently redirect property or inheritance to someone who was not intended to receive it.
Because wills determine how a person’s property is distributed after death, allegations of forgery can greatly affect the outcome of a probate case.
If a forged will is admitted to probate, beneficiaries named in legitimate estate documents may lose their inheritance. For this reason, California probate courts take claims of forgery seriously.
At The Grossman Law Firm, Attorney Scott Grossman works with beneficiaries who believe a will submitted to probate may not be valid.
Warning Signs a Will May Be Forged
Unusual Changes to the Will
Forgery is not always obvious. However, certain circumstances may raise concerns during the probate process.
Possible warning signs include:
- A signature that appears inconsistent with prior documents
- Sudden changes to a will shortly before death
- A new will that significantly alters prior estate plans
- Missing witnesses or questionable notarization
- Documents that appear altered or incomplete
These issues do not automatically prove forgery, but they may justify further investigation.
What to Do If You Suspect Forgery of a Will
If you believe a will may have been forged, it is important to act quickly. Probate cases follow strict timelines, and delays may limit available legal options.
Several steps may help protect your rights.
Contact a Probate Litigation Attorney
Forgery claims can be complex and often require legal analysis of the will, supporting documents, and the probate record. Speaking with an experienced probate litigation attorney can help determine whether there are grounds to challenge the document.
Obtain Copies of the Will and Related Documents
Start by gathering copies of the will submitted to probate, along with any related filings.
Important documents may include:
- The alleged will
- Probate petitions
- Declarations from witnesses
- Estate administration filings
These records can help identify inconsistencies or irregularities.
Review Prior Estate Documents
Earlier wills or estate documents may provide valuable context. If the suspected forged will differs significantly from prior versions, those earlier documents may help demonstrate the testator’s original intent.
In some situations, a prior valid will may become controlling if a newer document is found to be invalid.
Consider Expert Document Analysis
In certain cases, a qualified document examiner or forensic expert can analyze the will. These professionals may assess evidence to help determine whether forgery or alteration has occurred.
Experts may evaluate:
- Handwriting and signatures
- Ink or paper dating
- Document alterations
This type of evidence can play an important role in probate litigation involving suspected forgery.
Determine Whether the Will Has Been Filed for Probate
It is also important to determine whether the alleged will has already been submitted to the probate court.
If probate proceedings have begun, there may be a limited time to file objections or contest the will.
How Forgery Affects a California Probate Case
When a will is challenged on the basis of forgery, the probate court must determine whether the document is valid.
If the court finds that the will was forged or improperly created, it may:
- Invalidate the document.
- Enforce a prior valid will.
- Apply California intestate succession laws if no valid will exists.
These outcomes can determine who receives an inheritance and how estate assets are ultimately distributed among heirs and beneficiaries.
FAQ
Can a forged will be admitted to probate?
A will may still be submitted to probate at first. However, beneficiaries have the right to challenge the document if they believe the will was forged or is otherwise invalid.
What happens if the will is invalid?
If the will is invalidated, the court may enforce a prior valid will or distribute the estate in accordance with California intestate succession laws.
Related Resources
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate litigation.
Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists can evaluate your case at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published June 18, 2018