When someone contests a will, claiming forgery or fraud, they must prove their case in court. Proving forgery or fraud in a will contest can be difficult, but several types of evidence can support the claim. Understanding the methods to prove these claims is vital in determining whether a will is authentic or the product of deception.
Gathering handwriting samples
One of the most effective ways to prove forgery is by comparing the signatures on the will to known handwriting samples of the deceased person. A forensic document examiner can analyze the signature and identify if someone forged it. They closely examine inconsistencies in the writing style, pressure applied, and letter formation to assess the authenticity of the signature.
The examiner may also look for any signs of cut-and-paste jobs or unnatural writing patterns that suggest tampering.
Investigating witnesses to the will
Kentucky law requires at least two witnesses to sign the will, and these witnesses must be present at the time of signing. If a person contests a will by claiming forgery or fraud, one of the first things to investigate is whether the witnesses truly observed the deceased person sign the will. If the witnesses were not present or are unwilling to testify about the signing, this can indicate that the will was not executed properly.
It is also important to determine if the witnesses had any conflicts of interest, which could further point to fraudulent activity.
Reviewing changes made to the will
Altering a will often raises suspicions of fraud. Whether someone added a signature, changed wording, or made corrections, such changes can challenge the will’s authenticity. Experts closely examine the document for signs of tampering, such as smudge marks, erasures, or ink inconsistencies.. If the changes appear to have been made after the original signing, it could suggest that the will was tampered with or modified under duress or fraudulent circumstances.
Proving forgery or fraud in a will contest requires persistence and a thorough investigation. With the right evidence and expert testimony, a court can determine whether the will in question is legitimate or the result of deception.