Overview: Challenging a Suspected Forged Will in Massachusetts

Disclaimer: I am not a lawyer. This article provides general information about Massachusetts law to help you understand the process and decide whether to consult an attorney. This is not legal advice.

Detailed Answer

If you believe a will is forged, act quickly. Massachusetts handles will disputes in the Probate and Family Court. The core steps are:

1. Preserve evidence and original documents. Keep the original will (if you have it) and any drafts, notes, letters, or copies. Do not alter or destroy any documents or electronic records. Make a list of people who saw the person sign the will or who might know about the person’s intent.
2. Immediately notify the Probate and Family Court where the estate is being handled. If the will has not yet been admitted to probate, a person who objects can file a caveat or an objection to admission to prevent or delay probate while the issue is investigated. If the will already is admitted, you can file a petition in the Probate and Family Court to contest the probate or to set aside the probate.
3. Understand the legal grounds a court will consider. A will can be attacked for forgery specifically, or on related grounds that often appear when forgery is suspected, including:
   • Fraud or forgery — the signature or the entire document was fabricated or altered;
   • Lack of testamentary capacity — the person lacked the mental ability to make a valid will when it was signed;
   • Undue influence — another person pressured or coerced the testator into signing;
   • Failure to follow required formalities — such as missing required witness signatures or notarization (if applicable).
4. Collect evidence geared to forgery claims. Helpful evidence often includes:
   • The original will (courts prefer originals to copies);
   • Other known genuine signatures for handwriting comparison (previous wills, checks, medical forms);
   • Eyewitness statements from people who saw the signature or signing;
   • Medical records and treating physician statements about the testator’s mental state at the time of signing;
   • Communications (emails, letters, texts) referencing the estate or will changes;
   • Surveillance or business records showing who had access to the decedent and documents.
5. Use appropriate expert help. For alleged forgery, courts commonly accept forensic document examiners (handwriting experts). For capacity or undue influence claims, consult medical experts or clinicians who can interpret medical records and testify about the testator’s condition at the relevant time.
6. File the correct court papers and follow Probate procedure. In Massachusetts the Probate and Family Court handles will contests. The Massachusetts Uniform Probate Code (M.G.L. c.190B) governs wills and probate practice. See the chapter for the statutory framework: Mass. Gen. Laws ch. 190B (Uniform Probate Code). Also consult the Probate and Family Court information pages: Massachusetts Probate and Family Court – mass.gov.
7. Prepare for litigation or settlement. Many will contests settle once parties understand the evidence and costs. If the case proceeds, the court will schedule hearings and possibly a trial. The court evaluates the authenticity of signatures, witnesses’ credibility, and the totality of circumstantial evidence.
8. Possible outcomes. If you prove forgery or another valid basis to invalidate the will, the court may refuse to admit the forged will, strike the probated will, or declare it void — which may restore a prior valid will or apply intestacy rules. If you fail, the admitted will usually stands.

Practical hypothetical (illustration)

Suppose an elderly person in a nursing facility dies and a recently surfaced will leaves the estate to a caregiver. You notice the signature looks different from known signatures and there are no witnesses who recall the signing. Steps you might take under Massachusetts procedures:

• Contact the Probate and Family Court clerk immediately to learn whether probate has been filed and to ask about filing a caveat or objection.
• Locate and preserve the original will and any earlier wills, and obtain copies of the decedent’s medical records showing cognitive status around the signing date.
• Identify and interview witnesses—family, staff, friends—who were present or who handled the decedent’s paperwork.
• Hire a probate attorney and a forensic document examiner to compare signatures and advise whether a formal contest is warranted.
• If you file a petition to contest, submit your evidence and ask the court for emergency relief if the estate is at immediate risk (for example, assets being transferred out).

Helpful Hints

• Act fast. Probate timelines and delay can impair your ability to stop distribution or collect evidence.
• Preserve the original will. Courts prefer originals; copies are weaker evidence.
• Do not destroy or alter evidence. Tampering can harm your credibility and may be illegal.
• Document everything. Keep dated notes of conversations, who had access to the decedent, and suspicious incidents.
• Obtain medical records early. Records can disappear or become harder to access over time.
• Consider costs. Forensic experts and litigation can be expensive; weigh likely estate size and chances of success.
• Consider alternative dispute resolution. Mediation sometimes resolves contests faster and cheaper than trial.
• Consult a probate litigator. An experienced Probate and Family Court attorney can explain procedural rules, deadlines, and the strength of your claim under Massachusetts law.
• Check statutory guidance. Review the Massachusetts probate code (M.G.L. c.190B) for the legal framework: Mass. Gen. Laws ch. 190B.

Where to get help

Start with the Probate and Family Court clerk in the county where the decedent lived. For legal representation, search for attorneys experienced in probate litigation in Massachusetts. The Probate and Family Court website is a central resource: Massachusetts Probate and Family Court – mass.gov.

If you suspect criminal forgery, also consider contacting local law enforcement because forgery may be both a civil and criminal matter.

Remember: This article is educational only and does not create an attorney-client relationship. For advice specific to your situation, contact a qualified Massachusetts probate attorney as soon as possible.