Last Updated on October 20, 2025 by tanya

If You Suspect a Family Member’s Will Has Been Forged

 

Warning Signs For a Forged Will

We work with highly experienced solicitors who can help you to find out what to do if you suspect a family member’s will has been forged. Losing a loved one is already a distressing experience. So, discovering potential issues with their will can add stress and confusion to an already emotional time.

If you suspect that a family member’s will has been forged or manipulated, it’s crucial to act quickly and understand your rights. Challenging a will falls under an area of law known as contentious probate.

At First Personal Injury, we partner with experienced probate law firms who can guide you regarding the next steps you may want to take to contest a will.

 

What Is Contentious Probate?

Contentious probate refers to legal disputes that arise after someone dies. It is usually about the validity of their will or how their estate is administered. Common issues may include:

 

• Claims that the will is invalid
• Allegations of undue influence
• Disputes over inheritance
• Fraud or forgery claims

 

If you believe a forged will has been submitted to probate, this falls squarely within contentious probate, and legal intervention may be required.

 

Warning Signs a Will May Be Forged

Forgery in the context of wills is serious and refers to the deliberate falsification of a document or signature. Some typical signs that a will may have been forged include:

 

• The signature looks unusual or doesn’t match other known examples
• The will was witnessed by people unknown to the deceased
• The will was drafted very close to the person’s death under suspicious circumstances
• The contents of the will are significantly different from previous versions
• Beneficiaries are unexpectedly changed in favour of one individual

 

If any of these red flags apply, you may need to take urgent action.

 

Step-by-Step: How To Contest a Forged Will

1. Seek Legal Advice Immediately

This area of law is complex, so the first and most important step is to consult a specialist contentious probate solicitor. We work with experienced solicitors who can assess whether there are legitimate grounds to contest the will. They will also explain the legal process ahead.

 

2. Enter a Caveat

A caveat is a legal notice that stops the probate process for six months (renewable). This prevents the estate from being distributed while investigations take place.

Your solicitor can help you to apply for a caveat.

 

3. Gather Evidence

To support your claim, you will need strong evidence of forgery. This could include:

 

• Handwriting analysis by a forensic expert
• Statements from witnesses or family members
• Medical records (to assess mental capacity at the time of signing)
• Earlier versions of the will
• Emails or letters that contradict the contents of the will

 

The burden of proof is on the person challenging the will, so comprehensive documentation is essential.

 

4. Challenge the Will in Court

If your solicitor believes you have a strong case, they will file a claim initiating a contentious probate dispute. The court will examine the evidence, hear expert testimonies, and ultimately decide whether the will is valid.

 

Legal Grounds to Challenge a Will

Forgery is just one legal ground for contesting a will. Others may include:

 

• Lack of testamentary capacity – The deceased did not understand what they were signing.
• Undue influence – Someone coerced the deceased into changing their will.
• Lack of valid execution – The will was not signed or witnessed correctly.
• Fraudulent calumny – Lies told about other beneficiaries caused the deceased to change the will.

 

If you suspect any of the above, they may strengthen your case alongside a forgery claim.

 

Time Limits for Contesting a Will

There is no fixed time limit to challenge a will for forgery or fraud, since these are considered serious criminal allegations. However, it is still advisable to act quickly to prevent the estate from being distributed.

For other types of claims under the Inheritance (Provision for Family and Dependants) Act 1975, the time limit is usually 6 months from the date probate is granted.

 

What Happens If the Will Is Found to Be Forged?

If the court rules that the will is forged and invalid, it is set aside. One of two outcomes may follow:

 

• A previous valid will is recognised and executed.
• If no earlier will exists, the estate is distributed under intestacy rules, meaning it will go to the deceased’s closest relatives by default.

 

Forgery is a criminal offence, and those responsible can face prosecution, fines, and even imprisonment.

 

Need Legal Advice Today?

Whether it’s suspicious changes in the will or an unfamiliar signature, don’t ignore the signs. Seek expert legal advice and consider placing a caveat to prevent the estate from being distributed prematurely. If you believe a will has been forged or unfairly manipulated, speak to one of our experienced contentious probate solicitors today for a confidential consultation. We’re here to help you navigate the legal process with clarity and compassion.

 

Reaching out to a trusted claims company can make all the difference during this emotional time. We work with specialist probate lawyers who will ensure you receive all the support you need. In addition, they offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

Call us at 0333 358 2345 or contact us online at First Personal Injury and we’ll call you right back.