Handwriting Expert Witness Concludes Will Forgery

• Published date: 16 March 2022
• Subject Matter: Family and Matrimonial, Wills/ Intestacy/ Estate Planning
• Law Firm: Osbornes Law
• Author: Katie de Swarte

It's not unheard of for an individual to forge someone's will with the aim of securing an inheritance. In a recent case, the combination of contradictory evidence from a key individual involved in the forgery, and expert witness testimony led to the rightful beneficiary succeeding in her claim

The contentious probate team at Osbornes Law has a successful track record in representing clients with speed and sensitivity at a time when they may still be grieving.

The background

This was a bitter family dispute following the death of a grandmother. The court had to decide which of two wills, purportedly made a month apart, was genuine.

The first will was drafted and witnessed in February 2018 by a firm of solicitors and appointed the deceased's niece, Ann, as an executor. She was close to her aunt and was also named as the sole beneficiary of the whole estate. At the same time, Ann was appointed as the deceased's attorney under a Lasting Power of Attorney.

The second will was purportedly a homemade will drafted by one of the deceased's sons, Paul, executed in March 2018. This left the estate to three grandchildren. When Ann discovered Paul had obtained Grant of Probate (on 9 January 2019) on the basis of the March 'will', she brought proceedings claiming it was a forgery.

The court heard testimony from a number of witnesses, including expert witnesses in relation to the deceased's signature and, separately, a picture on Paul's iPhone.

The niece and the defendants had their own handwriting experts but their evidence was at odds. The niece's expert, for example, found strong evidence that the deceased had not signed the March will herself. However, the defence expert said there was "moderate" evidence it was genuine. On considering their evidence, the court preferred that of the niece's expert. On the basis of that and the wider factual background, the...