How to Respond When You Suspect a Will Is Forged: A Practical Guide Under Mississippi Law

Disclaimer: This article is for general informational purposes only and is not legal advice. Laws change and every case is different. Consult a licensed Mississippi attorney to evaluate your situation and deadlines.

Detailed Answer

If you believe a will is forged, you can ask the probate court to refuse admission of that document and to declare it invalid. Under Mississippi practice, the process centers on the probate proceeding in the county where the deceased person resided. The basic steps below explain how a typical challenge proceeds and what you should do to protect your rights.

1. Act quickly — probate deadlines and timing

Probate matters move on strict schedules. If the alleged will has not yet been admitted to probate, you can file an objection or caveat in the probate court before the court admits the document. If the will already has been admitted, you will normally need to file a formal will-contest or petition to set aside the probate. Do not delay: missing a local deadline can forfeit your right to contest. For general probate rules and contacts, see the Mississippi Courts’ probate resources: Mississippi Courts – Probate. For statutory guidance, consult the Mississippi Code provisions governing decedents’ estates: Mississippi Legislature.

2. Common legal grounds to challenge a will

• Forgery: The signature or parts of the document were forged.
• Improper execution: The will was not signed or witnessed according to Mississippi law.
• Lack of testamentary capacity: The decedent did not have the mental ability to make a valid will when it was executed.
• Undue influence: Someone used coercion, threats, or manipulation to force the decedent to sign or change a will.
• Fraud or mistake: The document was procured by deceit or contains material errors resulting from fraud or mistake.

3. Evidence you will need

To prove forgery you will generally need admissible evidence that raises doubt about the document’s authenticity. Useful types of evidence include:

• The original will (the court prefers originals); chain-of-custody showing who handled the paper;
• Prior versions of wills and known exemplars of the decedent’s signature;
• Expert analysis from a forensic document examiner or handwriting expert;
• Testimony from witnesses, family members, caregivers, or anyone present when the document was signed;
• Medical records showing the decedent’s mental state at or near the time the will was executed;
• Phone records, emails, bank records, or other documentary evidence showing suspicious activity or that someone stood to benefit unusually from the will;
• Notary logs or witness affidavits showing noncompliance with execution formalities.

4. How to start the contest

1. Request a certified copy of the probate file and the will from the county probate clerk.
2. If probate has not occurred, file a written objection or caveat in the probate court where the decedent resided. If it has been admitted, file a petition to revoke probate or to declare the will void and request a hearing.
3. Include factual allegations supporting forgery (who, when, how, why), list the evidence you have, and request relief (deny probate, set aside will, remove personal representative, or admit a prior will/intestacy distribution).
4. Serve interested parties (the personal representative, heirs, beneficiaries) according to Mississippi probate procedure so they have notice and an opportunity to respond.

5. Discovery, experts, and hearings

After you file, both sides can use discovery: written questions, document requests, depositions, and subpoenas. Because forgery disputes are often technical, courts frequently allow forensic document examiners, medical experts about capacity, and other specialists. The court will set a hearing or trial where witnesses testify under oath and experts explain their conclusions. If the court finds forgery or invalid execution, it can refuse to admit the will or set aside an admitted will.

6. Possible outcomes

• The court refuses to admit the will (or revokes prior admission) — the estate may then pass under an earlier valid will or by intestacy.
• The court orders a new accounting, removes or replaces a personal representative, or awards costs where appropriate.
• The parties settle the dispute, possibly through mediation, to avoid prolonged litigation.

7. Who should you hire?

Contesting a will—especially on forgery grounds—requires careful procedural steps, technical evidence, and litigation skill. Look for a Mississippi attorney experienced in probate litigation and contested wills. They will help you meet deadlines, draft pleadings, handle discovery, and coordinate forensic experts.

Helpful Hints

• Preserve evidence immediately: keep original documents, save electronic messages, photograph the original will if you cannot safely store it, and note who handled it and when.
• Get a certified copy of the probate court file from the county clerk — it will show whether the will was admitted and any prior filings.
• Write down contemporaneous recollections: who signed, who was present, dates, and suspicious circumstances. Memory fades; jotting things down helps later testimony.
• Contact a probate attorney promptly — missing a filing deadline can bar a contest even if the will is clearly forged.
• Be prepared for cost: contested probate cases can be expensive. Early investigation and targeted discovery (for example, a handwriting expert review of a scanned copy) can narrow issues before full-scale litigation.
• Consider alternative dispute resolution: mediation can resolve some will disputes faster and with less cost than a trial.
• Do not confront or threaten other interested persons; let your attorney handle communications to avoid worsening the situation or creating safety concerns.
• Check local probate court procedures: each Mississippi county may have specific filing requirements or local rules.

For statutory text and formal probate rules, review Mississippi statutes and the probate court resources at the state websites listed above. Because the consequences are significant and deadlines can be strict, consult a Mississippi probate litigation attorney as soon as possible to discuss the specific facts and preserve your rights.

Remember: this is not legal advice. Only a licensed attorney who knows the full facts can provide legal advice tailored to your situation.