Will Forgery: How to Prove a Signature is Fraudulent

Will forgery is a serious criminal and civil offense that strikes at the heart of testamentary freedom. While the law usually presumes a Will is valid if it appears correctly executed, a credible allegation of forgery shifts the burden of proof. Under the landmark ruling in Face v Cunningham [2020], the person seeking to rely on the Will must prove that it is not a forgery once the issue is raised with sufficient evidence. Proving a fake signature requires a combination of forensic science, including handwriting analysis and ink dating, and factual witness testimony. This article explains how to spot the “tell-tale signs” of a fraudulent Will and the legal process for having it set aside.

The Anatomy of a Will Forgery

Forgeries are rarely as simple as a crude imitation of a signature. Modern fraudsters use sophisticated methods, but they often leave “digital” or “physical” footprints.

Common methods of Will forgery include:

• The Traced Signature: Using a light box or carbon paper to copy a genuine signature. These often look too perfect and lack the natural “pen pressure” variations of a real signature.
• The Cut-and-Paste: Digitally lifting a signature from a genuine document (like a letter or a check) and placing it onto a fake Will.
• The “Impersonation” Execution: Someone pretending to be the testator in front of real witnesses who don’t know the deceased personally.
• Metadata Fraud: In “digital” Wills or printed documents, the file’s metadata might reveal it was created after the date it was supposedly signed.

The Shift in Burden: Face v Cunningham [2020]

In most Will disputes, the person challenging the Will has to do the heavy lifting. However, forgery is a unique beast.

The court in Face v Cunningham [2020] clarified that if there is a “well-grounded suspicion” of forgery, the ultimate burden of proving the Will is genuine lies with the person trying to prove it (the “propounder”). This is a powerful tool for beneficiaries. If the Executor cannot convincingly prove the signature is real, the Will fails.

Furthermore, forgery is a crime under the Forgery and Counterfeiting Act 1981. A successful civil claim can lead to the judge referring the case to the Crown Prosecution Service (CPS), potentially resulting in prison sentences for the perpetrators.

The Forensic Handwriting Expert

The “star witness” in a forgery case is the Forensic Document Examiner. These experts don’t just “look” at the signature; they analyze:

1. Line Quality: Is the signature fluid, or does it show “tremor” or “hesitation” marks common in forgeries?
2. Pen Pressure: Did the writer press harder on the downstrokes?
3. Letter Formation: Unique habits, such as where a person starts their “o” or how they cross their “t.”
4. Comparative Samples: To build a case, you must provide 10–20 “known” samples of the deceased’s signature from the same time period (e.g., passports, driving licenses, or bank letters).

The Feeling of Betrayal

Realizing that a family member or an “acquaintance” has faked a loved one’s final wishes is a traumatic experience. It’s not just about the money; it’s about the violation of the deceased’s legacy. Often, forgeries appear in “surprise” Wills found in odd locations, or Wills that benefit someone who had “exclusive access” to the deceased at the end of their life. You are not being “paranoid” by questioning a document that feels out of character, you are protecting your loved one’s true intent.

Stop the Clock: The 6-Month Warning

In forgery cases, you must act before the “Grant of Probate” is issued. Once the forger has the Grant, they can legally clear out bank accounts and sell properties.

Entering a Caveat is your first line of defense. It prevents the Probate Registry from issuing the Grant for six months, giving your solicitors and experts time to analyze the document. In cases of fraud, every day counts, as assets can be moved or hidden very quickly.

Take a look at our guide to learn more caveats: Immediate Action: The Crucial Difference Between a Caveat and a Claim (and Why Time is NOT Your Friend)

Let’s Get Through This Together

We understand the emotional toll this process brings. Don’t let yourself get through it alone. Contact us today and let one of our expert Birmingham solicitors be your guide through this journey.

Get your free, no-obligation case assessment. Call 08002980029 or visit contestawilltoday.com

FAQs

1. What happens to the estate if the Will is proven to be a forgery?

The forged Will is declared “null and void.” The estate is then distributed according to the previous valid Will. If no previous Will exists, the estate is distributed under the Rules of Intestacy, as if the person died without a Will at all.

2. Can I challenge a Will if the signature is real, but the content was changed, is it will forgery?

Yes. This is a form of fraud known as “Fraudulent Calumny” or “Lack of Knowledge and Approval.” If someone used a genuine signature page but swapped out the middle pages of the Will to change the beneficiaries, forensic experts can often detect this by looking at staple marks, paper types, or different printer ink “signatures.”

3. Is “No Win, No Fee” available for will forgery cases?

Yes, many solicitors will take on forgery cases on a Conditional Fee Agreement (CFA) if the evidence from a handwriting expert is strong. Because forgers often flee or spend the money when caught, having ATE (After the Event) insurance is also recommended to protect you against costs.