Can I challenge a will I believe is forged? A step-by-step guide under Oregon law

Short answer: Yes — you can challenge a will you believe is forged, but you must act quickly, gather strong evidence, and follow Oregon probate procedures. This article explains the typical grounds, the steps to take in Oregon, what evidence helps, and where to look for the controlling law and court resources.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For advice about your situation, consult a licensed Oregon attorney experienced in probate and contested wills.

What it means to “challenge” a will in Oregon

When someone contests a will, they ask the probate court to refuse to admit the will to probate or to set aside an already admitted will. A forgery challenge alleges that the signature or the entire document is not the decedent’s authentic act. In Oregon the probate court decides whether the will is valid and whether the document was executed and signed as required under Oregon law. For the statutory framework about wills, see Oregon Revised Statutes, Chapter 112: ORS Chapter 112 (Wills). For general probate procedure and local court rules, see the Oregon Judicial Department’s probate information: OJD — Probate.

Common legal grounds to challenge a will

• Forgery: The signature or the document was fabricated and the decedent did not sign or adopt it.
• Improper execution: The will was not signed or witnessed according to Oregon law (formal execution rules are in ORS Chapter 112).
• Lack of testamentary capacity: The decedent lacked the mental ability to understand and make a will when it was signed.
• Undue influence or fraud: Someone coerced or deceived the decedent into signing a will they would not have made.

Step-by-step: How to challenge a will you suspect is forged (practical checklist)

1. Secure a copy of the will and probate filings. Obtain the alleged will and any probate petition or filings from the probate court where the estate is or will be opened. The court clerk can tell you whether a will has been filed and what notices have been issued.
2. Act quickly and preserve rights. Probate timelines and notice requirements vary. If a will is about to be admitted, you typically must file a timely objection or formal petition to contest the will. Contact the probate clerk immediately to learn deadlines and filing rules for your county.
3. Preserve physical and digital evidence. Keep original documents, letters, emails, text messages, business records, medical records, appointment logs, and any physical evidence that bears on whether the signature is genuine or whether the decedent had capacity.
4. Gather witnesses and background facts. Identify people who saw the decedent sign the document (or who say they did not), care providers, close friends, and family who can testify about the decedent’s condition and relationships at the time the will was signed.
5. Consider handwriting or forensic analysis. A handwriting expert can compare known exemplars (prior signatures) to the disputed signature. Experts can be persuasive but may be costly. An attorney can help decide whether an expert’s opinion is likely to help your case.
6. File a contest or objection in probate court. Depending on timing and local rules, you will either object when the will is submitted for probate or file a formal petition asking the court to refuse admission or to set aside the will. The court will notify interested parties and schedule hearings.
7. Seek temporary court orders if necessary. If assets are at risk of being distributed under the contested will, you can ask the court for temporary orders (a stay or other relief) to prevent distribution until the challenge is resolved.
8. Consider criminal referral for forgery. Forgery is a crime. Informing law enforcement may prompt a criminal investigation, which can produce helpful evidence — but criminal prosecutors make independent charging decisions.
9. Be prepared for discovery and trial. Expect written discovery, depositions, subpoenas, expert reports, and potentially a trial where witnesses and experts testify about handwriting, capacity, circumstances, and motive.
10. Work with an experienced probate attorney. A lawyer can evaluate the strength of your forgery claim, file the correct pleadings, manage experts, and represent you in court. They also know local judges, practice rules, and statutory deadlines.

Evidence that strengthens a forgery claim

• Original signed document that differs from the decedent’s known signatures.
• Handwriting or signature analysis from a qualified forensic document examiner.
• Contemporaneous testimony that the decedent never signed the document or was not present when it was signed.
• Proof the document was created or altered after the decedent’s death.
• Medical records showing the decedent lacked the physical ability to sign (e.g., paralysis) at the relevant time.
• Communications showing someone else prepared or pushed the document secretly (e.g., admissions, emails, messages).

What the court will consider

The probate court will look at evidence of authenticity, proper execution under Oregon law, and surrounding circumstances. If the proponent of the will cannot establish that the will was validly executed and genuine, the court may refuse admission and treat the estate under a prior valid will or intestacy rules. See ORS Chapter 112 for requirements for a valid will: https://www.oregonlegislature.gov/bills_laws/ors/ors112.html.

Timing and deadlines

Deadlines are critical. If a will is about to be offered for probate, you should contact the probate court immediately to learn how to object and what time limits apply. Courts have local practice rules and statutory requirements that affect how and when you must file objections. The Oregon Judicial Department’s probate pages provide practical information and links to local forms: https://www.courts.oregon.gov/programs/probate/pages/default.aspx.

Costs and outcomes to expect

Contesting a will can be lengthy and expensive. You may incur attorney fees, expert fees (handwriting or medical experts), and court costs. Courts sometimes allocate costs and fees between parties, but outcomes vary. Discuss likely costs, possible settlement, and recovery of fees with an attorney before proceeding.

Helpful hints

• Do not destroy or alter any documents or evidence.
• Document who has copies of the will and when you first learned about it.
• Ask the probate clerk for the case number, filing date, and deadlines as soon as you learn the will was filed.
• Collect all known signature samples (checks, prior wills, contracts) for comparison.
• Talk to potential witnesses early; memories fade and evidence can be lost.
• Keep a written timeline of events: dates of illness, attorney visits, who was present, and where documents were signed.
• Consider both civil contest and reporting forgery to police — they are separate processes that can inform each other.
• Consult an Oregon probate attorney promptly to preserve rights and meet court deadlines.

Where to find more information and resources

• Oregon Revised Statutes — Wills (Chapter 112): https://www.oregonlegislature.gov/bills_laws/ors/ors112.html
• Oregon Judicial Department — Probate program and local court links: https://www.courts.oregon.gov/programs/probate/pages/default.aspx

If you believe a will is forged, prioritize preserving evidence and meeting the probate court’s filing deadlines. An experienced probate attorney can evaluate whether the forgery claim is likely to succeed and help you take effective steps under Oregon law.