Fraud and Forgery

Fraud, in the context of a Will Contest, means being able to prove that a beneficiary knowingly used false statements, which caused the testator to change the Will to benefit the beneficiary. Forgery, in the context of a Will Contest, means being able to prove that someone other than the testator signed the Will.

Proving a Will is the Result of Fraud or Forgery

The judge hearing a Will Contest case can find the Will invalid due to Fraud only if he or she hears the proper evidence. Gathering this evidence will require depositions, expert witnesses, interrogatories, witness interviews, subpoenaed documents and evidence presented following the Washington Rules of Evidence and subject to objections by the Will’s proponent. Our Will Contest Attorney will walk you through every step of this complicated journey.

Elements of a Fraud Will Contest

The essential elements of a Fraud Will Contest are the lie, a change to the will, and that change damaging the interested party. Proving that the deceased had diminished capacity will help the case. A person of weakened intellect is more subject to manipulation than a healthy person.

Fraud Evidence and Forgery Evidence

Proving Fraud can be difficult, as often the only witness to the false statements are the deceased and the person telling the lies.

Proving Forgery often requires retaining a handwriting expert. Circumstance and supporting evidence reinforce the handwriting expert’s findings.

Who May Bring a Fraud and Forgery Will Contest Challenge?

Only an “interested party” may bring a Fraud or a Forgery Will Contest Challenge. A person would become an interested party if Fraud damaged them financially or if the Forgery damaged them financially.

Experienced, With Reasonable Prices, We Will Fight For You.

If you have any questions about a Will Contest based on Fraud, Forgery or any other estate law topics, please contact us to schedule a free consultation.