In the context of a Will Contest, forgery means proving 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 they hear 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 this complicated journey.
Proving Forgery often requires retaining a handwriting expert. Circumstances 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 Bob gains nothing if the 2017 Will is tossed out. He loses money.
If you have questions about a Will Contest based on Forgery or any other estate law topics, please get in touch with us to schedule a free consultation.
Klenk Law has focused only on Estate Law for more than two decades. We’ve seen it all, and this experience allows us to explain complex estate law and Probate clearly and concisely. Suppose you are involved in Will Challenge Litigation. In that case, our experienced Probate Litigation Attorneys will make it easy for you to understand and provide top-notch representation to make the best decisions for yourself and your family.
Peter Klenk is the founding member of Klenk Law, a seven attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!
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