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When a loved one passes away, in the vast majority of cases the way they have chosen to leave their property will not be a surprise to their friends and family. But what if something seems wrong? If you suspect foul play, an Austin estate lawyer can help you decide what to do next.

What Should You Do If You Suspect a Will Was Forged in Texas?

Legally speaking, forgery in estate law usually means that someone created, altered, or signed a will in a way that misrepresents the intent of the testator (the person making the will). The Texas Estates Code states that a will must be signed by the testator and witnessed properly unless it is a holographic (handwritten) will. Forgery undermines these requirements and can render the will invalid.

Although the idea of the forged will may have been cemented in our minds as a document drafted and signed entirely by someone other than the testator, the definition is broader than just that. For example, if a relative copies the deceased person’s handwriting and signs a will in their name, that is a forgery, even if the will does represent the testator’s wishes. Replacing certain pages of the will or adding a new page to the document after the testator has signed it would be another kind of forgery.

1. Review the Circumstances

If you suspect forgery, begin by carefully examining the will document and the situation surrounding its appearance. Consider some of the following questions: Was this will produced suddenly after the death, when no one had heard of it before? Does the signature look different from the deceased person’s known handwriting? Does the will contradict what the deceased had consistently said about their wishes?

2. Seek Help from an Austin Estate Lawyer

It’s wise to consult an experienced attorney early in the process. Even if you are unsure whether the will is truly forged, we can help you to evaluate the risks and options. Texas courts rely on evidence, not suspicion alone, but we can help you assess the case.

After your initial consultation, we will begin by reviewing the evidence and searching for signs that the will has been forged. We can request the filed will document from the probate court to compare the signature with other examples. In addition, the will document will record who witnessed the document being signed. We can interview these witnesses to see if they remembered anything unusual about the circumstances.

If we believe there is enough evidence to go to court with, we will file all the required pleadings with the probate court and represent you during proceedings. We can also retain handwriting experts to testify on your behalf if this is a part of your case. We will be on hand throughout to advise and protect you.

3. Contest the Will in Probate Court

In Texas, the correct way to challenge a forged will is to file a will contest in the probate court where the will has been submitted. A will contest is a legal proceeding where you, the challenger, will argue that the document is invalid. Texas law generally gives interested parties two years from the time the will is admitted to probate to file a contest, though there are limited exceptions (such as cases involving fraud).

The procedure contains three key parts. First, we file a formal objection stating the grounds for believing the will is forged. Second, we present supporting documents, witness testimony, or expert analysis. Third, the proponent of the will (the person offering it for probate) must defend its validity.

What Is Standing and How Does it Work?

Only an “interested person” may contest a will. This is a legal concept that usually includes legal heirs, beneficiaries under previous wills, and others who stand to benefit if the contested will is set aside.

Supporting Evidence

Handwriting Experts

It is common to include testimony from handwriting experts in forgery disputes. A forensic document examiner can compare the will’s signature with known samples from the deceased, analyzing letter formation, spacing, and pressure patterns.

Witness Testimony 

Besides handwriting analysis, courts consider testimony from witnesses and surrounding circumstances. For example, a witness might admit that they never actually saw the testator sign the will but were presented with a document that had already been signed.

Circumstantial Evidence

Circumstantial evidence might sound like a bad thing, but in will fraud cases, it can be vital. In this context, it means evidence relating to the circumstances of the case. For example, we might discover when investigating the case that the testator was hospitalized and unconscious at the time that they were supposed to have been signing their will, making an exceptionally strong case for forgery.

Testimony and circumstantial evidence can sometimes go hand in hand. For example, it may be revealed under questioning that the alleged witnesses of the suspect were close friends of the main beneficiary, and therefore had reason to misrepresent events.

Potential Outcomes

If the judge finds the will to be forged, the court will refuse to admit it for probate or will set aside its earlier admission. If there is an earlier will, the estate will then be distributed according to those terms. If there is no other valid will, the deceased’s property will be apportioned according to the formula laid out in Texas’s intestacy laws. If the court upholds the will as valid, the challenger’s claim fails, and the estate is distributed according to the terms of the upheld document.

The following is a hypothetical example of a probate case involving a contested will, including how the proceedings and the case might unfold.

A Case Study: Maria and Her Sons

When Maria, a retired teacher in San Antonio, passed away, her two sons expected her estate to be divided between them. They were surprised to find that her will left nearly everything to a former neighbor, Linda. The will was dated only three months before Maria’s death. Maria had always told them she wanted her home and savings to pass to her family, and there had been no arguments or issues in the months before her death that would have explained the change.