How to Challenge a Forged Will in Arkansas — Steps to Contest and Seek to Invalidate a Will

1. Who can challenge a will?

Any “interested person” may object to admitting a will to probate. Interested persons typically include heirs at law (people who would inherit if there were no valid will), beneficiaries named in an earlier will, creditors with standing, and sometimes others with a financial interest in the estate. If you think a will is forged, you likely qualify as an interested person if it affects your inheritance or that of someone you represent.

2. Legal grounds commonly used to challenge a will

• Forgery: The signature or entire document is not the testator’s but was signed or created by someone else.
• Improper execution: Arkansas requires certain formalities for a valid will (for example, a writing signed by the testator and attested by required witnesses). If formalities were not followed, the will can be invalid. See the Arkansas Code for probate and testamentary formalities (Title 28). For general reference, see the Arkansas Legislature website: https://www.arkleg.state.ar.us/.
• Lack of testamentary capacity: The testator did not understand the nature and extent of his/her property, the natural objects of his/her bounty, or the disposition being made.
• Undue influence: Someone exerted such pressure over the testator that the resulting will reflects the influencer’s wishes rather than the testator’s.
• Fraud: The testator was deceived about the content or effect of the document they signed.

3. Evidence that supports a forgery claim

Forgery cases are often fact-intensive. Typical evidence to gather:

• Original document (preserve the original will, if you can).
• Certified copies of prior wills or signatures for comparison.
• Known examples of the deceased’s handwriting and signature (bank signatures, canceled checks, other wills).
• Testimony from witnesses who saw the testator sign the document (or who say they did not see the testator sign it).
• Expert handwriting analysis or forensic document examination.
• Medical records showing cognitive state (dementia, medications, hospitalization) around the time the will was allegedly signed.
• Communications (emails, texts) that show the testator’s intent or lack thereof.
• Financial records or bank activity showing who benefited or who had motive to forge.

4. Typical procedural steps in Arkansas

1. Immediately preserve evidence: Do not alter or destroy the original will, any drafts, or records. Make copies and note where originals are stored.
2. Obtain the probate filing packet: When someone submits a will, the court’s probate (usually circuit court sitting in probate capacity) opens an estate file. Get a certified copy of the petition and all submitted documents.
3. File a formal objection or contest: In Arkansas you generally contest a will by filing a pleading in the probate case asking the court to refuse to admit the will or to revoke its probate. File as soon as possible. If you discover a forged will after it has been admitted, you can still petition the court to set aside the admission, but timing and procedural rules matter.
4. Plead the grounds and supporting facts: Your complaint should state specific reasons (forgery, lack of attestation, incapacity, undue influence) and the facts supporting them. Attach or list key evidence you have.
5. Seek temporary relief if needed: Ask the court to preserve assets, produce original documents, or place assets in receivership while the contest proceeds.
6. Discovery and expert proof: You will likely need document discovery, depositions, and a forensic handwriting expert. Courts often rely on expert testimony in forgery disputes.
7. Trial and burden of proof: The challenger bears the burden to prove the will is invalid. The required standard may vary by issue; Arkansas courts consider both preponderance and, in some circumstances, clearer proof depending on the claim and remedy. The judge (or jury where permitted) will weigh witness credibility and documentary evidence.

5. Time limits and procedural deadlines

Time limits can be strict. In many probate systems there are statutory periods for contesting admission of a will after notice is given; after probate is admitted, longer delays can make contesting harder and can affect the availability of some remedies. Because deadlines and local rules vary, contact an Arkansas probate attorney promptly to determine the specific deadlines applicable in your county and case. For Arkansas statutory materials and court procedures, see the Arkansas courts website: https://www.arcourts.gov/ and the Arkansas Legislature site: https://www.arkleg.state.ar.us/.

6. Possible outcomes

• Will denied probate: Court may find the will invalid and refuse to admit it; the estate then passes under an earlier valid will or under intestacy rules.
• Will admitted in part or reformed: Court may admit parts and reject other parts depending on defects.
• Settlement: Parties may settle—often less costly than trial—particularly if facts are disputed.
• Criminal referral: If forgery or fraud is found, the court or an interested party may refer matters to law enforcement for potential criminal prosecution.

7. Criminal vs. civil action

Forgery is both a civil issue (invalidating the will) and potentially a criminal offense (forgery, fraud). You can pursue a civil will contest and also report the forgery to law enforcement. Criminal prosecution is controlled by prosecutors — you cannot force them to prosecute — but a criminal investigation may help your civil case by producing evidence.