Detailed Answer
Short summary: If you believe a will is forged in Virginia, you must act quickly to preserve evidence and challenge the will in the probate (circuit) court where the estate is being handled. Typical steps include preserving the original document, notifying the probate court and interested parties, filing an objection or a petition to set aside probate, collecting proof (handwriting analysis, witness testimony, signature comparisons, medical records), and—if appropriate—referring the matter to law enforcement for possible criminal investigation. Probate judges decide whether the will is valid; a successful challenge can prevent distribution under the forged document and lead the court to apply an earlier valid will or intestacy rules.
Who handles will disputes in Virginia?
Probate and will contests are handled by the circuit court in the locality where the decedent lived at death. The relevant Virginia statutes governing wills and probate are in Title 64.2 of the Code of Virginia. For a statutory overview, see Virginia Code, Title 64.2, Chapter 4 (Wills): https://law.lis.virginia.gov/vacode/title64.2/chapter4/.
Legal grounds to challenge a will
- Forgery (the signature or whole will was forged).
- Improper execution (required formal signing and attestation rules were not followed).
- Lack of testamentary capacity (the maker lacked the mental ability to make the will).
- Undue influence, fraud, or duress that overcame the testator’s free will.
- Revocation (a later valid will or a valid revocation).
Burden of proof and standards
When you challenge a will, you typically bear the burden to prove why the probate document should not be admitted or should be set aside. For forgery claims, courts look for persuasive, often documentary or expert evidence showing the signature or the entire document was fake. If a will wasn’t signed or attested according to statutory requirements, the court may refuse to admit it. Review the relevant provisions in the Virginia Code, Title 64.2, for execution and probate rules: Title 64.2, Chapter 4.
Step-by-step practical process
- Act immediately and preserve evidence. Keep the original will and any suspicious copies. Do not alter, mark up, or return documents. Make copies and note who has had contact with the original.
- Obtain a certified copy of the will and probate records. If the will has been filed for probate, get the filing with the court clerk and any orders admitting the will to probate.
- Notify the probate court and enter your objection. If you are an interested person (heir, beneficiary, creditor), notify the circuit court handling the estate that you intend to contest. In some counties you can file a formal written objection or petition to set aside the probate. Do this promptly—delays can prejudice your claim.
- Preserve and collect supporting evidence. Evidence useful in forgery cases includes the original will, earlier genuine signatures of the decedent, testimony from purported attesting witnesses, copies of earlier wills, medical records showing the decedent’s condition, communications about the will, surveillance or custodian records proving who handled the paper, and expert handwriting analysis.
- Seek temporary court orders if needed. If distributions are imminent or assets are at risk, ask the court for temporary relief (a stay, injunction, or order preventing distribution) pending the contest.
- Consider criminal referral. Forgery can be a crime. If you have reason to believe a document was forged, you may report the matter to local law enforcement or to the Commonwealth’s Attorney; see Virginia criminal statutes in Title 18.2 for forgery-related offenses: https://law.lis.virginia.gov/vacode/title18.2/.
- Use discovery and expert evidence. If the court permits a contest, use discovery (interrogatories, document requests, depositions) to obtain evidence. Handwriting experts and forensic document examiners may be critical to show a signature is forged.
- Attend the hearing or trial. Present evidence and witnesses. The court will decide whether the will is valid, or whether an earlier will or intestacy should govern distribution.
Practical tips about evidence
Courts favor original documents and direct testimony from attesting witnesses. If the alleged attestation witnesses are unavailable, explain why and present alternatives like contemporaneous notes, hospital records, or photographic evidence. Chain of custody (who had access to the will) is important. If the will was produced after the testator’s death by someone with motive to benefit, courts scrutinize its authenticity closely.
Possible outcomes
- If the court finds forgery or invalid execution, the challenged will will not control distribution. The court may admit an earlier valid will or apply intestacy rules under Virginia law.
- If the court finds the will valid, the estate distributes according to its terms and a successful contestant may face costs and fees risks.
- Separate criminal charges may follow if theft, forgery, or fraud is involved.
When to hire an attorney
Probate litigation and forgery claims are fact-intensive and procedurally complex. If the estate is significant, the circumstances are contested, or criminal forgery may exist, consult a Virginia probate litigator promptly. An attorney can advise on filing deadlines, court procedures, evidence preservation, and coordinating with law enforcement.
Statutes and official sources: Start with Virginia Code, Title 64.2 (Decedents; Estates; Protected Persons) for probate and wills: https://law.lis.virginia.gov/vacode/title64.2/chapter4/. For criminal statutes potentially implicated by forgery, see Title 18.2: https://law.lis.virginia.gov/vacode/title18.2/.
Disclaimer: This article provides general information about Virginia law and common steps people take when they suspect a forged will. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Virginia attorney promptly.
Helpful Hints
- Preserve the original will and any copies; don’t let anyone alter them.
- Collect and save all communications and documents showing who prepared, handled, or delivered the will.
- Get certified copies of probate filings from the circuit court clerk as soon as possible.
- Ask the court for an immediate protective order to stop distributions if you fear assets will disappear.
- Consider handwriting or forensic experts early—timely analysis is easier and more persuasive.
- Be careful about confronting suspected individuals; involve counsel and law enforcement if criminal conduct is suspected.
- Act quickly—delays can limit remedies and make evidence harder to obtain.
- Keep a clear timeline of events you believe show forgery or suspicious circumstances; timelines help attorneys and experts.
- Remember that probate litigation can be costly; weigh the strength of your evidence, potential recovery, and costs before proceeding.