How to Recognize a Forged Will: Signs to Look For

When inconsistencies appear in a loved one's will during probate, families face both emotional and legal challenges. Fraud involving someone’s Last Will and Testament creates unnecessary stress during an already difficult time and often leads to lengthy court proceedings. With forged wills appearing frequently in Arizona probate courts, knowing how to spot the warning signs has become a pressing concern for families.

At HagEstad Law Group, our estate and probate lawyers guide Arizona families through complex estate matters, trust administration, and inheritance disputes. Drawing from our extensive background in estates and trusts law, we've assembled this comprehensive guide to help you identify potential will fraud and understand your legal options.

*Disclaimer: This guide provides general information about recognizing a forged will and is not intended as legal advice. Every estate is unique, and laws vary by jurisdiction. For guidance on your specific situation, please contact our probate law team.

Will Fraud and Its Types Explained

A will protects your wishes and your family's future — but only when it meets legal requirements.

Arizona Revised Statutes § 14-2502 establishes clear requirements for a valid will: it must be in writing, signed by the testator who is at least 18 years old and of sound mind, and signed by two competent witnesses who saw the testator sign the document. The testator must create the will free from undue influence and with a clear understanding of their decisions. When these legal requirements aren't properly met, it opens the door for potential fraud.

Will fraud occurs when someone intentionally alters, creates, or destroys a will to obtain property or assets fraudulently. This serious crime typically appears in several distinct forms in probate court:

• Complete forgery: Creating an entirely new will with a forged testator's signature.
• Partial alterations: Modifying specific provisions in an earlier valid will.
• Destruction of previous valid will: Deliberately destroying or hiding an earlier will to present a fraudulent one.
• Coercion through undue influence: Forcing the testator to change their will under duress.

Warning Signs of a Forged Will

Identifying a forged will requires careful attention to detail. Here are the most common red flags we've encountered in probate court:

The Paper, Ink, and Format of the Will Don't Match Known Documents

A will's physical appearance can tell us much about its authenticity. When examining documents in probate court, our experience shows that forged wills often have distinct physical characteristics that set them apart from genuine legal documents. Some of the most telling signs emerge during careful document inspection:

• The document's physical elements seem wrong — from paper quality that differs from the testator's other legal documents to inconsistent fonts or formatting within the same will.
• Signs of tampering are visible upon close examination, including suspicious erasures, alterations to the text, or damaged sections that could conceal changes.
• Documentation appears incomplete or irregular, such as missing pages, unclear page numbering, or witnessing and notarization papers that don't follow proper legal protocols.

The Signature Raises Questions

The testator's signature often holds the most telling clues of potential fraud:

• Variations in handwriting pressure or flow compared to known examples
• Inconsistencies in letter formation or style
• Signs of tracing or hesitation marks
• Missing or suspicious witness signatures

The Will’s Timing Is Suspicious

When reviewing the timeline of a will's creation or modification, several patterns may indicate potential issues. Most concerning are changes made in the final months of the testator's life, particularly when accompanied by limited access to legal counsel. The sudden appearance of a new will after death, especially when it replaces a previous valid will, should always prompt careful scrutiny. The absence of proper due execution documentation can also signal potential irregularities.

The New Will Terms Conflict with Known Wishes

The content itself might reveal inconsistencies worth investigating. Watch for substantial revisions to inheritance distribution that seem out of character, particularly when they benefit previously unknown parties. Pay special attention to whether the language and terminology used align with the testator's background or typical way of expressing their wishes. Dramatic changes from earlier valid wills, without clear justification, merit thorough examination.

Suspicious Changes in the Testator's Relationships

In the months leading up to the testator's death, certain behavioral changes might indicate undue influence. This could include unexpected isolation from long-standing family members, coupled with new relationships that gain surprising influence over financial decisions. Changes in banking patterns, account access, or overall financial management style can also point to potential manipulation. These changes become particularly significant when combined with reports of declining cognitive function or confusion.

Identifying suspicious elements is just the beginning. Let's examine what concrete steps you can take if you suspect a will has been forged:

What to Do If You Suspect That a Loved One's Will Was Forged

Here's what you need to know about protecting your rights:

1. Talk to Other Family Members First

Begin by discussing your concerns with other family members who might have relevant information. They may have noticed similar red flags or possess important documents, like copies of an earlier will or communications that could support your case. This step often reveals valuable details about the testator's true wishes and recent circumstances.

2. Document Your Concerns Thoroughly

Before taking legal action, carefully record all the suspicious elements you've noticed. Make detailed notes about:

• Specific concerns about the will's appearance or content
• Timeline of events leading up to the will's creation
• Names and contact information of potential witnesses
• Any unusual circumstances surrounding the testator's final months

3. Consult a Probate Attorney — Time Is of the Essence

Time is critical in will contest cases. State law imposes strict deadlines for challenging a will in probate court, and missing these deadlines could permanently bar your claim. A probate attorney can:

• Evaluate the strength of your concerns
• Explain your legal options and potential outcomes
• Help protect your rights as an interested party
• Petition the court for professional document examination when needed, including handwriting experts and forensic specialists who can analyze the will's authenticity.

Preventing Will Fraud Before It Happens

While detecting fraud is important, preventing it is even better. These strategies help protect wills from tampering:

• Document the creation process: Modern technology offers new safeguards against probate fraud. Consider recording the will signing via video link to demonstrate proper due execution and testamentary capacity.
• Maintain open communication: Regular family discussions about estate plans, while respecting the testator's privacy, can help prevent future disputes. This transparency makes it harder for bad actors to take advantage of the situation.
• Store documents securely: Proper storage prevents unauthorized access and tampering. Consider using a bank safety deposit box or attorney's office to keep these vital documents intact.

When properly implemented, these tactics establish a clear record of the testator's wishes, maintain family transparency, and ensure document security.

Securing Your Family's Future: Next Steps

Will fraud threatens more than just inheritance — it undermines the sacred trust between family members and disrespects your loved one's final wishes. If you've noticed unusual patterns or have concerns about a will's authenticity, act quickly.

Our dedicated Arizona probate legal team at HagEstad Law Group will ensure your family's legacy receives the protection it deserves, preserving your loved ones' true intentions for generations to come. Contact us today for a free consultation!