Challenging a Forged Will in Louisiana: What to Do and How the Process Works

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Can I challenge a will I think is forged? — Key steps under Louisiana law

Disclaimer: This is general information only and not legal advice. Consult a licensed Louisiana attorney about your specific situation.

Short answer

If you suspect a will is forged in Louisiana, act quickly. Preserve evidence, notify the court handling the succession, and file a timely contest (an action to annul or nullify the will or to contest the probate of the will). You can also seek emergency (interim) relief to stop distributions while the dispute is decided and pursue criminal forgery charges separately.

Detailed answer — how the process works in Louisiana

1. Understand who handles wills in Louisiana

Succession (probate) matters in Louisiana are handled by the district court for the parish where the deceased was domiciled. When a will is presented for probate, the court typically opens a succession proceeding and records the will. Anyone with an interest in the estate (heirs, legatees, creditors) has the right to challenge the will.

2. Grounds to contest a will that may include forgery

Forgery or lack of authenticity is a primary ground to seek nullity of a will. Other related grounds include lack of testamentary capacity, improper execution (failure to comply with formal will requirements), or undue influence. If you suspect a signature or the whole document was forged, you can seek a judicial finding that the instrument is not the decedent’s valid testament.

3. Immediate practical steps to take

  • Get a certified copy of the will and of the succession docket from the parish district court.
  • Preserve original documents and emails; note who had access to the decedent and when.
  • Collect signature exemplars of the decedent (other signed documents known to be genuine).
  • Identify witnesses who can testify about the decedent’s handwriting, signature habits, or whether the decedent actually signed the document.
  • Contact the clerk of court to learn the current stage of the succession and any deadlines for contesting probate or filing claims.

4. File a contest or an action for nullity in the succession court

To stop distribution and challenge the will you should file a petition in the district court that has jurisdiction over the succession. Typical requests include:

  • Declaratory judgment that the will is invalid or forged (nullity of the testament).
  • A temporary restraining order or preliminary injunction blocking distribution of estate assets while the contest is pending.
  • Appointment of a provisional or temporary administrator (to protect estate assets pending resolution).

Filing deadlines matter. If someone has already closed the succession and property has been transferred, remedies become more complicated. Act promptly.

5. Evidence you will need

Common evidence used to prove forgery or inauthenticity:

  • Forensic handwriting/signature analysis comparing the will to authenticated exemplars.
  • Eyewitness testimony that the decedent never signed or could not sign the document (due to illness, incapacity, or physical inability).
  • Testimony that a notary or the required witnesses were not present (if a notarial will is alleged to be improperly executed).
  • Documentary evidence showing suspicious circumstances—rapid, unusual changes to the decedent’s affairs, unusual financial transfers, or secret drafting of a will by a beneficiary.
  • Electronic evidence (emails, drafts, scanned copies) that undermines the will’s authenticity.

6. Criminal forgery vs. civil contest

You can and often should pursue both tracks: a civil contest in succession court to prevent or reverse probate and a criminal complaint for forgery with law enforcement. A criminal investigation may produce evidence useful in the civil contest (and vice versa). Contact local law enforcement or the district attorney to report suspected forgery.

7. Burdens and standards — who must prove what?

The person or party seeking to probate a will typically must show the court that the instrument is a valid testament. If there is a timely contest alleging forgery, the court will evaluate the competing evidence. Because facts vary, courts weigh handwriting experts, witness testimony, and surrounding circumstances. Work with counsel experienced in succession litigation and contested wills.

8. Possible outcomes

  • Court finds the will is forged or invalid: the instrument is declared null and will not control distribution of the estate.
  • Court finds will valid: the will stands and distributions proceed as written.
  • Settlement: many will contests resolve through negotiation if both sides want to avoid protracted litigation.

9. Where to read Louisiana succession rules and related law

Louisiana’s laws governing wills, testamentary formalities, and successions are in the Louisiana Civil Code and in the procedural rules applied by the district courts. You can start research at the Louisiana Legislature’s website and look under the Civil Code (Book III — Successions): https://legis.la.gov/. For court practice, consult the district court clerk in the parish where the decedent lived.

Helpful hints

  • Act fast. Probate and asset transfers can move quickly. Filing a contest early preserves remedies.
  • Preserve originals. Do not alter or discard any documents, and avoid sending originals through uncertified mail.
  • Document the chain of custody. Keep records showing who handled the will and when.
  • Get contemporaneous witness statements. Memories fade; obtain written statements from people who knew the decedent and the circumstances.
  • Consider a forensic document examiner early. Their report can be a key piece of evidence to support a civil contest or criminal complaint.
  • Seek temporary court orders to freeze assets if you fear dissipation or transfer of estate property.
  • Talk to a Louisiana estate or succession attorney before filing complex pleadings. An attorney can help you meet procedural requirements and deadlines and evaluate strategic options.
  • If possible, coordinate civil contest and criminal reporting; evidence from a criminal investigation can help the civil case and vice versa.

Final note: This article explains general steps under Louisiana law but does not replace legal advice. For a definitive plan tailored to your case, consult a Louisiana lawyer who handles contested successions and forgery claims.

Resources: Louisiana Legislature: https://legis.la.gov/. Parish district court clerk’s office where the decedent was domiciled for succession filings and records.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.