Handwriting Expert Witness Concludes Will Forgery20 Oct 2021 | 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 solicitors at Osbornes Law have a successful track record in representing clients with speed and sensitivity at a time when they may still be grieving.
Will Forgery Case Study
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 several witnesses, including expert witnesses concerning the deceased’s signature and 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 court found that, on balance, the March will was a forgery.
Importantly, a crucial element of Paul’s case was expert evidence relating to a digital photograph which he claimed was of the original executed March will taken on 7 March 2018. The expert was asked to examine it and extract the internal metadata.
It’s fair to say this backfired somewhat. Although the expert said the metadata showed the photograph was taken at 08.57 on 7 March 2018, he conceded that both the metadata and the GPS time stamp could be modified and manipulated – even by someone who could cheat at computer games. Paul’s own expert could not convince the court that the photo was taken when he claimed.
The court concluded that the forged will was concocted sometime between 11 December 2018 and before the grant of probate was obtained. This meant the March will would stand, and Ann would inherit her aunt’s estate as intended.
The evidence from Ann’s handwriting expert was a particularly strong reason for the court finding the will to be a forgery. That said, the expert evidence concerning the metadata was insufficient to cast doubt on Ann’s case and seriously undermined Paul’s defence.
The case illustrates the value of employing appropriate expert witnesses in probate disputes to ensure all bases are covered – one expert witness’s evidence can make or break a case.
Katie de Swarte is an associate solicitor who specialises in contested claims. Katie can advise you on whether you can bring such a claim based on the facts of your circumstances and can assist in defending such a claim. Katie is featured in the Legal 500 as a recommended solicitor in London.
Please call or complete an online enquiry form to speak with Katie.
Katie de Swarte and Elspeth Neilson have both instructed me recently, and both seemed to me to be able to build excellent relationships with their clients and to run their practices very efficiently
Katie de Swarte is hardworking and has great empathy for her clients
More Insights about Contentious ProbateVIEW ALL
Will Dispute Case Law
New Births And New Relationships? Review Your Will To Avoid A Dispute You’d imagine a wealthy businessman with assets...Read more
Proprietary Estoppel Case Law
On A Lick And A Promise? The First Hurdle In Proprietary Estoppel Claims Solicitors are increasingly instructed by clients who...Read more
Inheritance Claims CFA Success Fee Judgment
The Court of Appeal upholds the recoverability of CFA success fees in 1975 Act claims. An individual who claims reasonable provision...Read more
Dispute Surrounding Interpretation of Will
The ‘nil rate band’ offers an incentive to testators to make their will in a tax-efficient manner, maximising the amount...Read more
Handwriting Expert Witness Concludes Will Forgery
It’s not unheard of for an individual to forge someone’s will with the aim of securing an inheritance....Read more