Answer — What you should know and do under Delaware law

Quick note: This is general information only and is not legal advice. If you think a will is forged, contact a licensed Delaware attorney right away. This article explains common legal grounds, typical evidence, and the practical steps people take in Delaware probate matters.

Detailed Answer

When someone believes a will is forged, the goal is to prevent the court from admitting that will to probate or to have an already-admitted will set aside. In Delaware, probate and decedent estate matters are governed by state law (Title 12) and local court procedures. Start by learning whether the disputed document has been or will be submitted for probate with the Register of Wills or the appropriate court. See Delaware statutes on decedents’ estates: 12 Del. C., Title 12.

Common legal grounds to challenge a will

• Forgery: The signature, date, or entire document is not genuine.
• Lack of testamentary capacity: The decedent lacked the mental ability to understand the nature and effect of the will when it was signed.
• Undue influence or coercion: Another person used pressure, manipulation, or threats to force a will that does not reflect the decedent’s free wishes.
• Improper execution or fraud: The will was not executed in the manner required by law or was procured by fraud.

What evidence matters in a forgery challenge

Successful challenges rely on convincing, well-documented evidence. Examples include:

• Original disputed document and any earlier wills for comparison.
• Known genuine signatures and handwriting samples from the decedent.
• Witness statements or sworn affidavits from any attesting witnesses or people who saw the signing or knew the decedent’s intentions.
• Medical records showing the decedent’s cognitive state around the time the document was signed.
• Communications (emails, texts) showing the decedent’s intent or the involvement of the person presenting the will.
• Forensic document examination reports, chain-of-possession proof, and any evidence of tampering.

Practical step-by-step process in Delaware

1. Act quickly to protect the estate. If you learn someone intends to probate a suspicious document, notify the office with custody of probate filings (check the Register of Wills or court handling probate in the relevant county). Preserve any original documents and avoid altering or discarding potential evidence.
2. Contact the probate office or court. Ask whether a probate petition has been filed and what the next procedural deadlines are. Delaware’s estate statutes and probate procedures are in Title 12—see general information at https://delcode.delaware.gov/title12/.
3. File an objection or petition to challenge probate. If a will is presented for probate, an interested person typically may file a formal objection, caveat, or petition asking the court to refuse probate or later to revoke probate. The exact filing and procedural steps depend on whether the will has been admitted and on local court rules. Contact the local probate registry or an attorney to learn the correct pleading and timing.
4. Seek temporary court orders if necessary. If distributions are about to occur or assets are at risk, ask the court for a temporary order (for example, to freeze distributions or preserve estate assets) while the challenge proceeds.
5. Gather and preserve evidence. Obtain originals or certified copies, request medical records, collect witness statements, and document the chain of custody for any contested paper. Arrange for a qualified document examiner to review handwriting and signatures if appropriate.
6. Prepare for litigation or settlement. Many will contests resolve by negotiation; however, be prepared to present testimony, depositions, and documentary evidence in court if settlement fails.
7. Follow court orders and deadlines. Probate contests often have strict procedural rules and short deadlines. Missing a filing deadline can forfeit your right to raise a challenge. Check local court rules and seek prompt legal help.

What to expect at trial

At trial, the person challenging the will bears the burden to prove forgery or another invalidating ground. The court will evaluate signatures, witness testimony, the decedent’s capacity, circumstances of signing, and any evidence of tampering or fraud. Courts rely on documentary evidence, witness credibility, medical records, and the findings of document examiners.

Costs and risks

Contesting a will can be time-consuming and costly. Courts may award attorney fees in certain cases or require security for costs. Consider costs, emotional strain, and the strength of your evidence when deciding whether to proceed.

Where to get authoritative Delaware law and forms

• Delaware Code (Title 12 — Decedents’ Estates and Fiduciary Relations): https://delcode.delaware.gov/title12/
• Delaware Courts general information and local probate contacts: https://courts.delaware.gov/

Helpful Hints

• Do not destroy or alter any original documents. Keep chain-of-custody clear.
• Write down every conversation and fact you remember about the decedent’s intent and the signing circumstances while memories are fresh.
• Ask the probate office immediately whether a will has been filed and what deadlines apply to object.
• Collect contemporary evidence (medical records, emails, texts) showing the decedent’s condition or intent around the time of the disputed will.
• Consider hiring a probate attorney licensed in Delaware quickly — time limits can be short and procedural rules strict.
• Preserve digital evidence: copy relevant emails, messages, and metadata if possible; do not rely on the opposing party to produce complete records.
• Expect depositions and sworn testimony; prepare witnesses by reviewing their recollection and relevant documents ahead of time.
• Try to resolve disputes early through negotiation or mediation if the evidence is mixed — litigation increases cost and delay.

Final reminder: This article provides general information about typical steps and evidence involved in challenging a will suspected to be forged under Delaware law. It is not legal advice. For action on a real case, consult a licensed Delaware attorney who can review your facts, explain deadlines, and represent your interests in the probate process.