That’s not my signature
At Tees, we often advise clients where the validity of a will or the authenticity of a signature is disputed. In these cases, expert handwriting evidence can be important, but it is rarely the only evidence the Court will consider.
Can a signature on a will be disputed?
Questions about whether a signature on a will is genuine can arise as part of a wider dispute about the will’s validity. For example, a beneficiary or executor may have concerns that the deceased did not sign the will, that the signature was forged, or that the will was not properly executed.
A handwriting expert can examine the signature and compare it with examples known to be genuine. However, their opinion will generally indicate whether a signature is likely to be genuine, unlikely to be genuine, or may be genuine.
The more genuine signatures available for comparison, the more confident an expert may be in their assessment. This can be particularly challenging where the deceased had increasingly carried out their affairs online and there are fewer recent handwritten signatures available.
How can you prove that a will is fraudulent?
A claim that a will is fraudulent is different from simply disputing a signature. The deceased is no longer available to explain how the will was created or provide further examples of their signature.
For a will to be valid, the formalities set out in the Wills Act 1837 must be followed. This includes the requirement for the will to be signed by the testator in the presence of two witnesses, who must also sign the will.
The evidence of those witnesses can therefore be particularly important when the validity of a will is challenged. However, witnesses may themselves have died or may no longer be able to give evidence about the circumstances in which the will was signed.
What evidence can be used to challenge a will?
Handwriting evidence can be valuable, but the Court will consider all the available evidence when deciding whether a will is genuine.
This might include:
- evidence from the witnesses to the will
- earlier wills and other documents containing the deceased’s signature
- correspondence and other documents
- computer and digital evidence
- drafts of the will
- evidence that the deceased had searched online for will templates and
- other circumstantial evidence surrounding the creation and signing of the will.
For example, where a homemade will is disputed, computer evidence may help establish whether the deceased created the document themselves or whether earlier drafts were saved on their computer.
Is handwriting evidence enough to prove a forged will?
Not necessarily. Expert handwriting evidence can be highly relevant, but it is only one part of the evidence considered by the Court.
The Court will look at the circumstances surrounding the creation and signing of the will, as well as the handwriting evidence. This means that preserving all relevant evidence at an early stage can be important when a will is being challenged.
Get advice about a disputed or fraudulent will
If you are concerned about the validity of a will or believe that a signature may have been forged, it is important to obtain legal advice as soon as possible. Early advice can help identify relevant evidence and ensure that it is collected and preserved.
How Tees can help
We understand how sensitive disputes about wills and estates can be. Our contentious probate team advises executors, beneficiaries, expected beneficiaries and trustees on disputes concerning the validity of wills, including allegations of fraud and forgery.
Our team includes members of the Association of Contentious Trusts and Probate Specialists (ACTAPS) and the Society of Trust and Estate Practitioners (STEP).
Similar questions about the authenticity of signatures can also arise in commercial contracts and other legal documents, where different types of evidence may be relevant.
