In some California will contests, the issue isn’t just fairness or family dynamics—it’s fraud. Whether a signature looks suspicious or someone exerted secret pressure behind the scenes, these cases call for a closer look. Here’s what you need to know if you suspect a will was forged—or signed under false pretenses.
What Counts as Fraud or Forgery in a Will?
Not every family dispute is enough to overturn a will, but certain actions can cross a legal line and lead to serious challenges, such as:
- Fraud occurs when someone lies to the person making the will (called the testator) to influence their decisions. For example, telling them a family member is dead or disinheriting them in another document when that’s not true.
- Forgery involves a fake document or signature. Someone may have copied an old signature onto a new will, or created an entirely fabricated document and presented it as real.
Both claims can result in a will being thrown out if proven. But it takes strong evidence—and strategic legal work—to succeed.
Warning Signs to Watch For
Fraud and forgery cases often come with red flags. These include:
- A will that suddenly benefits one person far more than previous versions
- A signature that looks inconsistent or unnatural
- Witnesses who can’t be found or don’t recall the signing
- The will surfaces only after the person’s death, with no prior mention.
- A vulnerable testator who relied heavily on a caregiver or a new acquaintance
While none of these alone proves wrongdoing, they can support a broader case when combined with other facts.
How These Claims Unfold in California Probate Court
To contest a will based on fraud or forgery, you typically need to:
- File a formal objection in the probate case (ideally before the will is admitted to probate).
- Gather evidence, such as prior wills, handwriting samples, witness statements, and medical records.
- Depose witnesses and question those involved in drafting or presenting the will.
- Present your case in court, showing that the document is invalid because it was either faked or signed due to lies.
In many cases, these claims are resolved through mediation, especially when families want to avoid public trials. But sometimes, litigation is the only path to a fair result—and that’s where having a trial-ready attorney matters.
Real Consequences for Everyone Involved
A will found to be fraudulent or forged doesn’t just get tossed—it can reshape how an estate is distributed. If there’s an earlier valid will, that version may take effect. If not, the estate could pass under California’s intestate succession rules.
In some situations, criminal charges or civil penalties may follow, especially if someone gained financially through fraud. However, for most families, the goal is more straightforward: correct the wrong and honor the true wishes of their loved one.
Think Something’s Not Right? Talk to Us.
If you’re questioning the legitimacy of a loved one’s will, trust your instincts—and take the next step. Fraud and forgery can be hard to prove, but with the right legal team, you can protect your family’s legacy. Contact Loew Law Group today to schedule a confidential consultation with a will contest attorney serving San Mateo.