Detailed Answer
If you believe a will is forged, act quickly and carefully. Missouri law allows interested persons to challenge a will in probate court. Successful challenges commonly rely on showing that the signature or the document itself is not genuine, that the will was not properly executed, or that the decedent lacked capacity or was subject to undue influence when the will was created. Below is a practical, step-by-step explanation of how a contested-probate case for a suspected forged will typically proceeds in Missouri and what evidence you should collect.
1. Immediate steps to protect the estate
- Do not alter or destroy the original document. Preserve the physical will exactly as you found it.
- Make dated photocopies or high-resolution photos of the will and any envelopes, postmarks, or other paperwork related to the will.
- Write down where and when you found the will and who else had access to it.
- Contact the county probate court where the decedent lived to learn whether the will has been filed for probate.
2. How to formally challenge the will in Missouri
In Missouri, an interested person (a likely beneficiary, heir, or creditor) can challenge a will by filing a contest in the probate case or by filing an action to set aside the will. Common procedural steps include:
- File a written objection or contest with the probate clerk where the will is or will be probated. The court docket will indicate whether the will has been admitted to probate and any deadlines for challenges.
- Seek immediate court orders if necessary. You may ask the court for a temporary restraining order or injunction to prevent distribution of assets while the dispute proceeds.
- Proceed to discovery and a hearing or trial on the validity of the will. The court will consider evidence and testimony about authenticity, execution formalities, capacity, and influence.
Missouri statutes and probate rules govern how wills are admitted and how contests proceed; see Missouri’s probate and wills laws for governing provisions: Missouri Revised Statutes, Chapter 474 (Wills) and the broader probate rules at the probate code and related chapters: Missouri Revised Statutes, Chapter 473.
3. Legal grounds most commonly used when a will appears forged
- Forgery: The signature or the entire document was fabricated or altered.
- Improper execution: The will was not signed or witnessed according to Missouri’s statutory formalities (see Chapter 474).
- Lack of testamentary capacity: The decedent lacked the mental ability to understand the nature and consequences of making a will at the time of signing.
- Undue influence or fraud: Someone coerced or deceived the decedent into signing a will that does not reflect the decedent’s true intentions.
4. Types of evidence that help prove forgery
- Original document chain-of-custody: who handled the will and when.
- Handwriting/comparative samples: known genuine signatures or signed documents from the decedent for comparison.
- Forensic document analysis: independent laboratory testing of inks, paper, and writing pressure; digital metadata if an electronic file exists.
- Witness testimony: statements from people who observed the signing (or who say the decedent did not sign it) and testimony about the decedent’s condition.
- Medical records: evidence of dementia, illness, or medication that could affect capacity.
- Contemporaneous communications: emails, texts, or letters that show the decedent’s intentions or reveal suspicious behavior by the alleged beneficiary.
5. Criminal reporting
Forgery can also be a criminal offense under Missouri law. You may report suspected forgery to local law enforcement or the prosecutor’s office. Missouri criminal statutes addressing property-related offenses are collected at: Missouri Revised Statutes, Chapter 570 (Offenses Against Property). A criminal investigation may run alongside a civil probate contest, but the standards and remedies differ.
6. Burden and standard of proof
Civil will contests generally require convincing evidence that the will is invalid. Many courts require strong proof—often described as clear and convincing evidence—especially when the will has already been admitted to probate. Because courts treat testamentary documents with substantial deference, you will usually need well-documented, persuasive proof to overcome a prima facie valid will.
7. Practical timeline and urgency
Probate procedure imposes deadlines. If a will has been filed or admitted, deadlines for filing a contest are typically short. Even when statutory deadlines are unclear, delay makes evidence harder to preserve and harms your position. Contact the probate clerk promptly and consider filing a contest or requesting temporary relief quickly.
8. Costs, risks, and likely outcomes
- Will contests can be costly and time-consuming. Expect fees for forensic examiners, depositions, and court time.
- If you win, the court may invalidate the forged will and distribute the estate under an earlier valid will or under intestacy rules.
- If you lose, the court may still require reimbursement of costs in some circumstances; discuss fee risk with counsel before filing.
Where to find the law: See Missouri Revised Statutes, Chapter 474 (Wills): https://revisor.mo.gov/main/OneChapter.aspx?chapter=474. For related probate procedure and estate administration, see Chapter 473: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473. For criminal forgery and property offenses see Chapter 570: https://revisor.mo.gov/main/OneChapter.aspx?chapter=570.
Helpful Hints
- Preserve the original will in an unaltered condition and avoid handling it more than necessary.
- Write down every fact you remember about how and where the will was found and who had access to it.
- Collect known genuine signature samples (checks, prior wills, letters) to help document comparison.
- Obtain medical records and witness contact details quickly—memory and records fade over time.
- File a contest or ask the probate court clerk about emergency orders if distributions may begin soon.
- Report suspected forgery to police if you have credible reason to believe a crime occurred; this does not prevent a civil contest but can prompt an investigation.
- Meet with a Missouri probate attorney promptly to evaluate the strength of your evidence and the likely costs and outcomes.
- Keep communications in writing where possible and keep copies of requests and filings with the court.
Disclaimer: This information is educational only and does not constitute legal advice. I am not a lawyer. Laws change and every case turns on its facts. To protect your rights and understand deadlines and remedies that apply to your situation in Missouri, consult a licensed probate attorney promptly.