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Do you suspect the will is a forgery?

A will that was not genuinely signed by the person it claims to be from, or that has been altered after signing, is worthless. Proving it is another matter. Forgery cases need handwriting experts, forensic document analysis and a careful reconstruction of what really happened.

We can put you in touch with specialist contested probate solicitors who have run these cases before and can act for you on a genuine No Win No Fee basis.

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Signs that a will may be forged or fraudulent

Forged wills tend to share certain features. You may have grounds to investigate if:

  • The will surfaced only after the death, and nobody knew it existed.
  • The signature looks different from the person’s usual signature.
  • The witnesses are friends or associates of the main beneficiary, or cannot be traced.
  • The will is a home made document, when the person had always used a solicitor.
  • The will contains mistakes about family members, addresses or property that the person would not have made.
  • Pages appear to have been substituted, or the will has been altered in a different pen or hand.

Forgery is a serious allegation and the court expects strong evidence, but where it is there, the will falls. We want to hear from you.

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How the courts deal with forgery

Forgery is a civil claim as well as a crime. The person alleging it must prove it on the balance of probabilities, but the more serious the allegation, the more cogent the evidence the court expects.

Face v Cunningham [2020] EWHC 3119 (Ch)

The High Court found that a daughter had fabricated her father’s will with the help of two witnesses she knew from army days. The signature, the paper and the witnesses’ accounts were all examined. The will was declared a forgery and the estate passed under an earlier will.

Watts v Watts [2023] EWHC 679 (Ch)

A forgery claim failed. The will had been signed in front of the wife and two staff from the solicitor’s office, and expert handwriting evidence was not enough to overcome that. The case shows why the circumstances of signing matter as much as the signature itself.

Wills Act 1837, section 9

A will must be in writing, signed by the person making it, or by someone at their direction and in their presence, and that signature must be made or acknowledged in the presence of two witnesses who each then sign. A will that fails this test is invalid whether or not anyone intended to deceive.

How C-PAID can help

Our panel solicitors know which forensic document examiners the courts respect and how to obtain the original will from the Probate Registry for examination. They will also trace and interview the witnesses, and obtain the person’s known signatures from banks and other records for comparison.

Where forgery cannot be proved outright, the same facts often support a claim that the will was not properly executed, or that the person did not know and approve its contents. The free assessment covers every available route. contact us or call 0161 532 8111.

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Preserve the evidence now

There is no fixed limitation period for a forgery claim, but the original document, the witnesses and the surrounding evidence all become harder to find with time. A caveat at the Probate Registry prevents a grant being issued while the will is examined.

If probate has already been granted on a suspected forgery, it may be possible to have the grant revoked. Get advice as soon as you can.

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Frequently asked questions

Can I see the original will?

Once probate is granted the will becomes a public document and a copy can be obtained from the Probate Registry. Before that, your solicitor can ask the person holding it to produce it, and can apply to the court if they refuse.

What if only part of the will was altered?

Alterations made after signing are invalid unless they were themselves signed and witnessed. The court may admit the will in its original form, ignoring the alteration.

Will the police get involved?

Forgery is a criminal offence, and you may report it. The civil claim to set aside the will runs separately and does not depend on a prosecution.

What if the witnesses say they saw the signature?

Witness evidence is important, but not conclusive. In Face v Cunningham the witnesses were found to be part of the fraud. Your solicitor will test their accounts against the documents and the timeline.

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