What does it take to prove Will forgery?

A challenge to a Will based on forgery is a very serious fraud allegation; the standard of proof is necessarily high. Handwriting evidence is often pivotal in cases where forgery is alleged.

In the Watts case, both parties adduced expert evidence. Unlike the expert appointed for Jobyna, Carlton’s expert had not forensically examined samples of the deceased’s signature or handwriting; he had only considered one sample of Jobyna’s handwriting.

From that, he concluded the signature on the Will was forged by Jobyna; he sought to rely on letter formation, pen pressure and similarities between her signature and that of the signature of Eustace on the Will.

Carlton’s expert’s evidence was discredited and rejected in its entirety. The evidence of Jobyna’s expert, who concluded that the signature was not a forgery, was based on a forensic analysis of several samples of Eustace’s signature. This evidence was accepted by the Judge, Master Clark.

The evidence of the solicitor who took the Will instruction was also key and was accepted by Master Clark. She found the solicitor to be credible and accepted her evidence, which was a double blow to Carlton’s case.

For a full and detailed analysis, the expert will need comparison signatures of the Deceased, preferably original and contemporaneous with the disputed Will.

Signatures from various sources are also preferable.

Signatures can be obtained from various sources, including (but not limited to):

• Business documents
• Application forms
• Bank cards and documents
• Correspondence (private and/or business)
• Official documents – passport, driving licence, marriage certificate, divorce papers
• Club membership cards, loyalty cards
• Documents held by employers, accountants, solicitors
• GP and dental registration documents, prescription forms, consent to treatment forms

Around 15-20 signature samples should be aimed for. The importance of appropriate comparison material cannot be emphasised enough. Of course, these documents are often not easily available to the person seeking to prove the forgery.

Strenuous efforts are required to obtain suitable samples. In some cases, it may be necessary to seek an order for disclosure from the court to obtain these.

The physical and mental health of the person making the Will is also relevant to the expert, as this can affect handwriting.

Information from a doctor or other healthcare professional can therefore be very helpful to the expert.