Disclaimer: This is general information, not legal advice. For advice about your specific situation, consult a South Carolina probate attorney.
Detailed Answer
If you suspect a will is forged, you can challenge it by filing a contest in the probate court where the will was admitted. South Carolina handles wills and probate matters under the South Carolina Probate Code (Title 62). The basic path is: stop (or pause) distribution of the estate, gather and preserve evidence, file a formal contest or objection in probate court, pursue discovery and expert analysis, and present proof to the court that the will is invalid. If you win, the forged instrument will be set aside and the estate will be distributed according to the previously valid will or intestacy rules.
Grounds to challenge
- Forgery: proof that the signature or the entire document was fraudulently created or signed by someone other than the decedent.
- Lack of testamentary capacity: proof the decedent lacked the mental capacity to make a valid will when it was signed.
- Undue influence: proof someone coerced or controlled the decedent so the will does not reflect the decedent’s free intent.
- Improper execution: proof the will was not signed, witnessed, or notarized in the manner required by South Carolina law.
Where to look in the law
South Carolina’s probate rules and statutes that govern wills and probate proceedings are in Title 62 of the South Carolina Code of Laws. For statutes and definitions that govern the probate process and will validity, see the South Carolina Code (Title 62): https://www.scstatehouse.gov/code/t62.php.
Practical step-by-step process
- Confirm admission and obtain court records. Determine whether the will has been filed or admitted to probate. Request certified copies of the probate petition, the will, the inventory, and any filings. The probate file contains dates, affidavits, and contact information for interested parties.
- Act quickly. Probate can proceed fast. The sooner you act, the better your chance to stop asset transfers, preserve evidence, and meet court deadlines. If assets are about to be distributed, a prompt objection or motion for a temporary stay can slow the process.
- Preserve and gather evidence. Keep the original will (or get a certified copy from the court). Collect communications, drafts, notes, medical records, and anything that shows who prepared or handled the document. Identify people who saw the testator sign the will or who knew the testator’s condition and relationships at the relevant time.
- File a formal contest or objection in probate court. An ‘‘interested person’’ (heir, beneficiary, creditor) typically files a written objection or petition to contest the will in the probate court that admitted it. This starts the civil process to ask the court to revoke admission of the will and declare it invalid. Your filing should state the factual basis (forgery, lack of capacity, undue influence, improper execution) and ask the court for relief.
- Seek provisional relief if needed. If distributions are imminent, ask the court for temporary restraining orders, injunctions, or a stay to prevent the transfer of assets until the contest resolves.
- Use discovery and experts. After filing, you can use subpoenas, depositions, document requests, and expert witnesses. Handwriting experts and forensic document examiners often play a central role in forgery cases. Experts may compare signatures and inks, assess paper age, and analyze chain-of-custody issues.
- Consider criminal referral. Forgery can be both a civil and a criminal matter. If evidence suggests a crime, you may report it to law enforcement or the solicitor’s office. Criminal cases follow a different process and may produce evidence useful in the probate contest.
- Litigate or settle. If the court finds the document forged or otherwise invalid, the will will be set aside. The estate then follows the prior valid will (if any) or intestacy laws. Many probate contests settle once evidence is exchanged; others proceed to trial.
What evidence helps prove forgery
- Original document or certified copies from the court.
- Authenticated known signatures of the decedent for comparison.
- Handwriting expert report and testimony.
- Copies, drafts, or versions showing alterations.
- Witness statements that the decedent did not sign or could not sign the document.
- Forensic evidence (ink/paper dating or digital metadata if applicable).
- Chain-of-custody evidence showing improper handling.
Possible outcomes
- The court sets aside the forged will. A prior valid will may be admitted, or if none exists the estate passes under South Carolina intestacy rules.
- The court denies the contest and the will stands as admitted.
- The parties settle with terms that reallocate estate assets without a court ruling on forgery.
- Separate criminal prosecution may result in penalties against the forger.
Helpful Hints
- Preserve the original will or get a certified copy immediately from the probate clerk.
- Act quickly to avoid missing court deadlines and to stop asset distributions.
- Do not alter or discuss the original evidence with others; maintain a clear chain of custody.
- Document a timeline of events and gather names and contact info for witnesses.
- Obtain medical records for the decedent around the time the will was executed if capacity or influence is in question.
- Use a licensed probate litigation attorney—contesting wills involves procedural rules and technical proof requirements.
- Consider both civil contest and criminal referral—criminal investigators can free third-party evidence and witnesses.
- Avoid public accusations on social media; those statements can affect the case and may be used in court.
- Be prepared for costs: experts and litigation can be expensive. Some expenses may be recoverable from the estate if the court orders it.
If you need help, start by contacting the probate court where the will was filed to obtain the case file, then consult a South Carolina probate litigation attorney to evaluate your evidence and options.