Disclaimer: This content is educational only and is not legal advice. Laws change and every situation is different. For guidance about your specific situation, consult a Vermont probate attorney.
Overview
This article explains how someone in Vermont can challenge a will they believe is forged. It outlines the typical legal grounds, the kinds of evidence that help, the court steps you will likely take, and practical tips for preserving your claim. The goal is to help you understand what you must do to give a court a chance to throw out a forged will.
Key legal sources
- Vermont statutes governing probate and wills: Vermont Statutes, Title 14 (Probate/Estates).
- Vermont Judicial Branch (probate court contacts and filings): Vermont Judiciary.
- Vermont Bar Association for referrals: vtbar.org.
Detailed answer
1. Who can challenge a will?
Generally, an “interested person” may challenge a will. That includes people who would inherit under a prior will, people who would inherit if the will is invalid (heirs-at-law), named beneficiaries, or sometimes creditors. If you think a document is forged, act quickly to protect your right to contest it.
2. Common legal grounds to contest a will in Vermont
- Forgery: The signature or entire document was fabricated or altered after the testator’s death.
- Improper execution: The will does not meet Vermont’s statutory execution requirements (for example, writing, signature, required witness formalities).
- Lack of testamentary capacity: The testator did not understand what they were signing.
- Undue influence or fraud: Someone coerced or deceived the testator into signing.
3. How forgery claims usually proceed
Steps typically include:
- Preserve the original will. If the original is already with the probate court, request a certified copy and any filing materials.
- File a written objection or petition with the probate court where the will is or will be offered for probate. The probate clerk can tell you filing procedures and deadlines.
- Ask the court for temporary relief if necessary (for example, to stop distribution of assets or to require safekeeping of property).
- Conduct discovery. Common evidence in forgery cases includes handwriting or signature expert reports, testimony from witnesses (including those who witnessed the will or knew the testator’s signature), medical records showing incapacity, and communications showing intent or lack of intent.
- Bring the case to trial if it is not resolved. The judge decides whether the will is valid or forged. If the will is invalidated, the court may admit an earlier valid will or distribute assets under intestacy rules.
4. Evidence typically required to prove forgery
There is no single required piece of evidence, but stronger claims often include:
- Expert handwriting/signature analysis comparing the disputed signature to known genuine signatures of the decedent.
- The original document (not a photocopy) to examine inks, alterations, or indented writings.
- Testimony from the attesting witnesses or other people who handled the will or who saw the decedent sign documents around the same time.
- Documents or communications showing motives for forgery (e.g., sudden, unexplained changes that benefit a new beneficiary).
- Evidence that the person who signed lacked capacity or that someone had exclusive access to the decedent and opportunity to forge documents.
5. Timing and procedural limits
Time limits for challenging a will can be short. You must generally act promptly after learning of the will. If someone already probated a will, you may have a limited period to file a petition to revoke or contest; courts also consider whether you had notice. Because deadlines vary by case and by the sequence of probate filings, contact the probate court or a lawyer immediately.
6. Possible outcomes if you prove forgery
- The forged will is declared invalid and is not admitted to probate.
- The court may admit an earlier valid will, if one exists and is proven valid.
- If no valid prior will exists, the estate is distributed according to Vermont intestacy rules under Title 14.
- In some cases, the court may refer matters for criminal investigation (forgery is a crime) or award costs if bad faith is proven.
7. Costs and risks
Will contests can be expensive and emotionally difficult. You will likely need an attorney experienced in probate litigation and may pay fees for expert witnesses. Courts sometimes require security or bonds. If you bring a weak or frivolous claim, you may risk paying the other side’s fees.
8. Practical first steps you can take right now
- Do not destroy or alter any documents. Keep originals safe and make copies.
- Contact the probate court where the decedent lived to ask whether a will has been filed and how to file an objection.
- Write down everything you remember about the circumstances around the will, including who was present when it was signed and any odd circumstances.
- Look for other documents that show the decedent’s handwriting or signature for comparison (old checks, letters, prior wills).
- Consider contacting a probate attorney promptly—statutory deadlines may apply.
Helpful hints
- Act fast. Probate moves quickly and delays can forfeit your right to contest.
- Obtain the original will if possible; courts prefer examining originals.
- Gather witnesses early while memories are fresh. Witnesses who saw the signing or knew the decedent well can be crucial.
- Preserve electronic evidence: emails, texts, photos, and phone records can show opportunity, motive, or lack of intent.
- Hire a lawyer with probate litigation experience. An attorney will advise on procedure, evidence, and deadlines specific to Vermont courts.
- Be prepared for discovery. Expect requests for documents and for depositions of witnesses and experts.
- Explore settlement, but do not agree to terms without legal advice. Many will contests settle before trial.
- If you suspect criminal forgery, you may also report the matter to local law enforcement, but criminal investigation is separate from the probate contest.
Where to find more help
For statutory language and specific statutory requirements for wills and probate, consult Title 14 of the Vermont Statutes. For filing procedures and probate court contact information, visit the Vermont Judiciary website. For a referral to a Vermont probate attorney, see the Vermont Bar Association.
If you believe a will is forged, preserve evidence and consult a Vermont probate lawyer immediately. Time and evidence are the most important factors in giving a court the best chance to set aside a forged document.