Can a Suspected Forged Will Be Thrown Out? A New Hampshire FAQ
Clear, practical steps to challenge a will you believe is forged — explained for someone with no legal background. This is not legal advice.
Short answer
If you suspect a New Hampshire will is forged, act quickly: preserve evidence, get a certified copy of the will from the probate court, and file an objection or a petition with the probate court asking that the will not be admitted (or be set aside). Common legal bases to challenge a will include forgery, lack of testamentary capacity, improper execution (missing required witnesses or formalities), undue influence, or fraud. Because timing, procedures, and evidence requirements matter, you should consult an attorney experienced in probate litigation as soon as possible.
Detailed answer — what you need to know under New Hampshire law
1. Who handles will disputes in New Hampshire?
Will disputes are handled by the Probate Division of the New Hampshire Circuit Court (probate court). The Probate Division manages will admissions, estate administration, and contests over wills. For general court information, see the New Hampshire Probate Division: https://www.courts.state.nh.us/probate/. For the text of New Hampshire statutes, see the Revised Statutes Annotated: https://www.gencourt.state.nh.us/rsa/html/.
2. Common legal grounds to challenge a will
- Forgery: You contend the signature or the entire document was falsified.
- Lack of testamentary capacity: The testator did not understand the nature of making a will, the property they owned, or the natural beneficiaries.
- Undue influence: Someone improperly pressured or coerced the testator into making the will or parts of it.
- Improper execution: The will was not signed or witnessed according to the state’s formal requirements.
- Fraud or mistake: The testator was deceived, or the document does not reflect the testator’s true intent.
3. Immediate steps to take (practical checklist)
- Preserve the physical will and related items. If you have the original, do NOT alter it. Keep it secure and note where you found it and when.
- Get a certified copy from probate. If a will has been filed for probate or administration has begun, request a certified copy from the local probate office.
- Collect supporting evidence. This can include copies of prior wills, medical records showing the testator’s mental state, witness contact info, emails/texts, bank records, surveillance or visitor logs, and any documents that show a signature practice.
- Document chain of custody. Record who had access to the will and when. If you suspect tampering, preserve any packaging, envelopes, or storage devices.
- Notify interested parties. Let other potential heirs or beneficiaries know you intend to challenge the will — often they will be necessary witnesses or co-litigants.
- Act quickly. Deadlines or the passage of time (estate distributions, destruction of evidence) can make a contest harder. File sooner rather than later.
4. How a will challenge normally proceeds in New Hampshire
Typical procedural steps include:
- A party files a formal objection, caveat, or petition in the probate court where the estate is administered asking the court to refuse admission of the will or to revoke probate.
- The court may schedule an evidentiary hearing. The parties exchange documents and witness lists (discovery).
- At trial the challenging party must present evidence supporting the ground(s) alleged (forgery, lack of capacity, undue influence, etc.).
- If the court finds the will invalid (or parts of it invalid), the court will refuse to admit it to probate or will remove those provisions. The estate then distributes under the prior valid will or under intestacy rules if no valid will exists.
5. Evidence commonly used in forgery claims
- Handwriting analysis and expert comparison between the disputed signature and known genuine signatures.
- Testimony from witnesses who saw the testator sign or who attest the signature is not genuine.
- Forensic document analysis (paper, ink, age of writing).
- Context evidence: unusual changes to the will immediately before death, sudden replacement of trusted advisors, or suspicious custody of the document.
6. Can the court stop the estate from being distributed while a challenge is pending?
Yes. You can ask the probate court for temporary relief (for example, an order preventing distributions pending resolution of the contest). Courts can issue orders to preserve estate assets while disputes are litigated. Move promptly — once assets are distributed to third parties, recovery can be difficult.
7. Timing and deadlines
Procedural deadlines vary by situation. Some rights to contest may be lost if you wait too long after probate or after you receive formal notice. Because timing affects what relief is available, file your objection as soon as you have reason to believe the will is forged. The probate clerk can explain local filing procedures and timing: https://www.courts.state.nh.us/probate/.
8. Costs and likely outcomes
Contesting a will can be costly and emotionally draining. Outcomes include:
- The will (or parts of it) is declared invalid and set aside.
- The parties reach a settlement (often through mediation).
- The challenge fails, and the will stands as probated.
Costs can include attorney fees, expert fees (handwriting/fraud experts), and court costs. In some cases, the court may award fees to the prevailing party, but this is fact-specific.
9. How to choose an attorney
Look for a lawyer who focuses on probate litigation and contested wills. Ask about:
- Experience with contested wills and forgery cases in New Hampshire probate courts.
- Past outcomes and whether they’ve handled handwriting or forensic-evidence cases.
- Fee structure (hourly, flat, or contingency) and estimated costs for experts and litigation.
10. Where to find more authoritative New Hampshire resources
- New Hampshire Probate Division (court information and local contacts): https://www.courts.state.nh.us/probate/
- New Hampshire Revised Statutes Annotated (searchable state laws and statutes): https://www.gencourt.state.nh.us/rsa/html/
Helpful hints
- Do not throw away or alter the original will. Preserve it exactly as found.
- Request a certified copy immediately from the probate office to start your record building.
- Act fast. Time can destroy evidence and limit legal remedies.
- Get independent medical records if you will rely on testamentary capacity or diminished mental state.
- Keep a written timeline of events, who had access, and any suspicious contacts or changes in the testator’s relationships.
- Consider a short consultation with a probate litigation attorney before filing anything — many offer initial consultations and can explain deadlines and likely prospects.
- Be prepared for a settlement possibility — many will disputes are resolved without full trial.