Detailed Answer
Short overview: If you believe a will admitted to probate in Rhode Island is forged, act quickly. The typical path is to obtain the probate file and the original will, preserve evidence, and file a formal objection in Probate Court asking the court to refuse admission or to set the document aside. You will need evidence — often expert handwriting or document analysis and witness testimony — to persuade the court the instrument is not the testator’s valid will.
Step-by-step process under Rhode Island practice
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Get the probate file and a certified copy of the will.
– Contact the Probate Court where the deceased’s estate is filed and request a copy of the probate petition and the will. Having the court file lets you see whether and how the will was submitted and what notices the court has issued. -
Secure and preserve the original document and related records.
– Do not alter the document. If you already have custody of the original, store it safely and document its chain of custody (who had the document and when).
– Collect related records: medical records showing the testator’s capacity, care notes, emails/texts about the will, financial records showing suspicious transfers, and any earlier wills or drafts. -
Identify the legal grounds to challenge the document.
– Common grounds include forgery/fraud, lack of testamentary capacity, undue influence, improper execution (missing required signatures or witnesses), or that the document is not a will at all. Forgery is usually alleged when signatures or handwriting appear not to be the decedent’s. -
Obtain expert evidence and witness statements.
– For forgery claims, courts commonly accept forensic document examiners (handwriting experts) who compare the disputed signature or handwriting to known exemplars.
– Collect testimony from people who knew the decedent’s handwriting or who can testify about the circumstances of signing (witnesses, caregivers, attorneys who drafted earlier wills). -
File a formal contest or objection in Probate Court promptly.
– If a will is not yet admitted, you can object to its admission to probate. If it has been admitted, you may file a petition to set aside or revoke probate of that will and ask the court to admit a different will or declare intestacy.
– Timing matters. Probate contests often have short windows for filing once notice is published or served. Do not delay — seek immediate legal advice and file as soon as possible. -
Prepare for litigation or settlement.
– If the case proceeds, discovery will let you obtain more evidence (depositions, medical records, bank records). The court will evaluate credibility, expert reports, and documentary evidence.
– Many will contests settle through negotiation or mediation if both sides prefer a private resolution. -
Possible outcomes.
– The court may refuse to admit the disputed will, set aside an already-admitted will, admit an earlier valid will, or declare the estate intestate (no valid will). In some cases, criminal charges (forgery) may result, which is separate from the civil probate contest.
Standards of proof and who bears the burden
Generally, the person contesting the will must produce sufficient evidence to convince the court the document is invalid. Courts require strong proof when forgery is alleged. The exact standard can vary with the claim (forgery, undue influence, incapacity), and the court will weigh the totality of the evidence. Because these standards and procedures can be technical, an attorney experienced with Rhode Island probate litigation will help craft and present your proof effectively.
Rhode Island statutory and court resources
- Rhode Island statutes governing wills and probate practice are located in Title 33 of the General Laws. For statute text and navigation, start here: https://webserver.rilegislature.gov/statutes/title33/.
- The Rhode Island Probate and Family Court handles will admissions and contests. Court procedures and contact information are available here: https://www.courts.ri.gov/Courts/ProbateFamilyCourt/Pages/default.aspx.
When criminal forgery may be involved
Counterfeiting a signature or fabricating a will can be both a civil and a criminal matter. If evidence strongly suggests forgery, you may report the facts to local law enforcement or the state attorney general’s office for a criminal investigation. Discuss this step with your civil attorney first — criminal investigations proceed under different rules and can affect civil strategy.
Practical and strategic tips
- Act quickly after you learn of the will — do not wait weeks or months. Delay can harm your rights and evidence.
- Keep copies and a written timeline of all relevant interactions and how you obtained documents.
- Preserve electronic evidence (emails, text messages) and back it up.
- Hire counsel familiar with Rhode Island probate litigation; they will know local judges, timelines, discovery practices, and common defenses.
- Consider the cost and likelihood of success. Will contests can be expensive and emotionally draining. A strategic attorney can evaluate strengths and recommend whether to pursue litigation, mediation, or negotiation.
Helpful Hints
- Request the official probate file immediately from the Probate Court to learn what has been filed and what deadlines apply.
- Never alter, unseal, or attempt to ‘fix’ the original will. Alterations can destroy evidence and harm your case.
- Collect handwriting samples (exemplars) from documents the decedent surely signed (checks, letters) to assist a handwriting expert.
- Save medical and care records that speak to capacity at the time the will was executed.
- Identify and brief potential witnesses early — witnesses’ memories fade over time.
- Consider immediate temporary relief (a court motion) to prevent distributions from the estate until the dispute resolves.
- Ask about costs and fee arrangements with any attorney you consult — some contests raise issues about who pays attorney fees if a will is found invalid.