A will is supposed to bring closure and ensure your wishes are carried out after you’re gone. Unfortunately, wills can be tampered with, with malicious actors creating forged documents to divert assets to unintended beneficiaries.
This can be a devastating blow to families already grieving a loss. So, how can you be sure the will you’re presented with is truly the final word? Here are some things to watch out for and steps you can take:
Red Flags of a Forged Will:
- Suspicious Signatures: Does the testator’s signature look different from what you know it to be? Are there inconsistencies in pressure, slant, or letter formation?
- Unexpected Beneficiaries: Does the will benefit someone who wasn’t close to the deceased or wasn’t previously mentioned in inheritance discussions?
- Missing Witnesses: A valid will typically requires signatures from two witnesses who observed the testator signing the document while in sound mind.
- Unexplained Changes: Does the will contain provisions that contradict the deceased’s known wishes or seem out of character?
- Sudden Appearance: Did the will surface unexpectedly, especially after a period of estrangement between the deceased and a named beneficiary?
What to Do if You Suspect a Forged Will:
- Don’t Sign Anything: Avoid signing any documents related to the will until you’ve had a chance to investigate further.
- Consult an Attorney: An experienced lawyer specializing in estate law can advise you on your rights and the legal process for contesting a will.
- Seek Expert Help: Forensic document examiners can analyze the will for signs of forgery, including handwriting inconsistencies or alterations.
Remember: The burden of proof lies with the person presenting the will. A qualified attorney can help you gather evidence and navigate the court system to challenge a forged document.
Protecting Yourself:
- Discuss Your Wishes Clearly: Talk openly with loved ones about your estate plans. This transparency can help prevent misunderstandings and potential challenges to your will.
- Choose Your Executor Wisely: Select a trustworthy individual to handle the execution of your will. Someone who is honest, responsible, and understands your wishes.
- Keep Copies Safe: Store copies of your will with your attorney and a trusted family member or friend.
By being aware of the risks and taking preventative measures, you can help ensure your final wishes are respected and your loved ones are protected.
Forensic Document Consultants – Pretoria