Forgery, in the context of a Will Contest, means being able to prove that someone other than the testator signed the Will.
The judge hearing a Will Contest case can find the Will invalid due to Forgery only if he or she hears the proper evidence. Gathering this evidence will require depositions, expert witnesses such as handwriting analysts, interrogatories, witness interviews, subpoenaed documents and evidence presented following the Rules of Evidence and subject to objections by the Will’s proponent. Our experienced Will Contest Attorney will walk you through every step of this complicated journey.
Proving Forgery often requires retaining a handwriting expert. Circumstance and supporting evidence reinforce the handwriting expert’s findings.
Only an “interested party” may bring a Forgery Will Contest Challenge. A person would become an interested party if the Forgery damaged them financially.
For example, if a valid 2010 Will excludes Bob, but in 2017 John submits a forged Will that gives Bob a cash gift, Bob has no standing to challenge the 2017 Will. This is because if the 2017 Will is tossed out, Bob gains nothing. In fact, he loses money.
If you have any questions about a Will Contest based on Forgery or any other estate law topics, please contact us to schedule a free consultation.
For more than two decades Klenk Law has focused only on Estate Law. We’ve seen it all, and this experience allows us to explain complex estate law and Probate clearly and concisely. If you are involved in Will Challenge Litigation, our experienced Probate Litigation Attorneys will make it easy for you to understand and provide top notch representation so you can make the best decisions for yourself and your family.
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