Disclaimer

This is general information and not legal advice. I am not a lawyer. For advice about your particular situation, consult a licensed Maine probate or estate attorney.

Detailed answer

1. Who may challenge a will?

In Maine, people with a direct interest in the estate — commonly heirs, family members, or named beneficiaries who stand to inherit — may object to a will. If you will lose inheritance under the contested document, you generally qualify as an “interested person” and may file a contest in the probate court where the will is to be admitted.

2. Legal grounds to challenge a will

Common legal bases to attack a will you believe is forged include:

• Forgery: The signature or the entire document was falsified.
• Improper execution: The will was not signed or witnessed according to Maine formalities.
• Fraud: The testator was deceived into signing a document that was not their true will.
• Lack of testamentary capacity: The testator lacked the mental ability to understand the will when they signed.
• Undue influence: Another person coerced or manipulated the testator to sign a will that does not reflect the testator’s free intent.

Proving forgery focuses on the authenticity of the writing and signature. Forgery claims often require documentary evidence, witness testimony, and expert analysis.

3. How the Maine probate process starts

A will is normally brought to the local probate court to be admitted. The person presenting the will asks the court to open an estate and admit the will to probate. Maine’s probate courts handle will admission and contests under the Maine Probate Code (Title 18‑A).

To review the statutes that govern wills and probate in Maine, see Title 18‑A of the Maine Revised Statutes: Maine Title 18‑A (Probate Code).

4. Practical step-by-step: how to challenge a suspected forged will

1. Act quickly. Probate and contest deadlines are strict. Delays can waive your right to object or make it harder to collect evidence.
2. Obtain the will and probate record. Contact the probate court where the deceased lived or where you believe the will was filed. Get certified copies of the will and any petition to admit it.
3. Preserve evidence. Do not alter or destroy the original document if you have it. Preserve relevant electronic records, emails, bank statements, medical records, and any communications involving the testator’s estate planning.
4. Talk to witnesses. Identify and record contact information for people who observed the signing, cared for the testator, or communicated with them about the will.
5. Hire professionals. A Maine probate attorney can guide you through filing a formal objection. Forgeries often require a forensic document examiner or handwriting expert to compare the signature and paper/ink characteristics.
6. File a written objection or contest. In probate court, you typically file a written contest or objection to the petition to admit the will. The court will then provide notice to interested persons and schedule proceedings.
7. Seek temporary court orders if needed. If assets risk being distributed incorrectly, ask the court for a temporary injunction, appointment of a personal representative, or other emergency relief to preserve estate assets while the dispute is resolved.
8. Prepare for discovery and trial. Expect document exchange, depositions, expert reports, and a court hearing. The court will decide whether the will is valid and whether it should be admitted to probate.

5. Evidence commonly used to prove forgery

Strong proof helps. Consider collecting:

• The original will or certified court copy.
• Other documents with the testator’s known signatures for comparison.
• Notary records, witness statements, or affidavits about the signing.
• Forensic document examiner analysis (handwriting, ink, paper age).
• Medical records showing cognitive impairment or incapacity.
• Financial records that show suspicious transfers or beneficiary activity.
• Communications that show fraud, coercion, or deception.

6. Timing and procedural considerations

Maine law provides procedural rules and timelines under the Probate Code. Because time limits can vary depending on how and when you learn of the will and the court’s notice procedures, act immediately. Contact the probate clerk or a Maine probate attorney to confirm applicable deadlines and steps in the specific county’s court.

7. Possible outcomes

• The court finds the will genuine and admits it to probate.
• The court finds the will invalid (forgery, improper execution, fraud, or lack of capacity) and refuses to admit it; the estate then distributes assets under an earlier valid will or under Maine intestacy rules.
• The parties settle the dispute out of court through mediation or negotiated agreement.

8. Costs and timing

Contesting a will can take months or longer and can be expensive, especially when experts testify. Weigh the likely estate value at stake against litigation costs. Many people try negotiation first; others move quickly to preserve key evidence and assets.

9. Where to find Maine statutes and local probate rules

For the Maine Probate Code (wills, probate procedure, and related rules) consult Title 18‑A of the Maine Revised Statutes at the Maine Legislature website: https://www.mainelegislature.org/legis/statutes/18-A/title18-Aindex.html. For county-specific probate procedures, contact the clerk of the local probate court or visit the Maine Judicial Branch website for court locations and contact information.

Helpful Hints

• Preserve the original will if you have it. Avoid folding or handling it unnecessarily.
• Write down immediately what you know: who told you about the will, where you saw it, and what witnesses said.
• Request certified copies of the will and any probate filings from the probate court as soon as possible.
• Collect independent documents that show the deceased’s handwriting and signature for comparison.
• Secure electronic evidence: emails, text messages, and photos can be crucial.
• Do not confront potential suspects in ways that might destroy evidence or lead to threats or intimidation.
• Contact a Maine probate attorney early. A lawyer can file the correct objection, request emergency relief, and coordinate experts.
• Be mindful of costs: ask an attorney about fee structure and about less costly options such as mediation.
• If you can, keep communication with other potential heirs civil; hostile behavior can complicate settlement efforts.