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What to do if someone produced forged will in the Court
28-Sep-2023 (In Wills / Trusts Law)
My wife passed away 2 years ago. My children staying with me age 4 years and 10 years. My wife has agriculture land in my hometown. After her death, my uncle not giving lease money where he used to give. Moreover, he produced one forged Will to the court saying that her daughter wrote a Will. But when I took true copy from court, it is clearly knowing it was forged Will. With the same signature, again 1 promissory not produced in another area, both are running in courts. Also they asked child custody of my children as there are Guardian according to the Will. We counter-filed, but not getting justice where it is almost 20 months ago. When can I expect from court that these are saying false. Is there any advise to proceed further in better away...I pleased for your valuable advise.
Forgery is a form of fraud so the burden of proof is harder to discharge than that which is normally required when challenging the validity of a will. Consequently, it is extremely important that an assessment is made as to the strength of the evidence before contesting a will on this basis. a handwriting expert can do who observed “a lack of natural fluidity”. It is often necessary to instruct a handwriting expect in these types of claims to determine whether the testator’s signature is genuine. The expert will look at the will alongside a number of the deceased’s signatures in order to reach a conclusion for the court (who will then consider the expert’s report alongside witness evidence).
Things to look for if you are concerned that a will might be forged or fraudulent are:
the deceased has left someone out in the will that you would expect to be included, such as a spouse or child, without an obvious reason for doing so;
there is a large bequest to whoever drafted the will;
the will has been executed by a person whose death is imminent;
the will benefits one person to the exclusion of others;
the will primarily benefits non-relatives;
multiple wills have been executed leading up to the death of the testator.
There are no time limits for contesting fraudulent wills but you should not delay in bringing a claim.
Things to look for if you are concerned that a will might be forged or fraudulent are:
the deceased has left someone out in the will that you would expect to be included, such as a spouse or child, without an obvious reason for doing so;
there is a large bequest to whoever drafted the will;
the will has been executed by a person whose death is imminent;
the will benefits one person to the exclusion of others;
the will primarily benefits non-relatives;
multiple wills have been executed leading up to the death of the testator.
There are no time limits for contesting fraudulent wills but you should not delay in bringing a claim.
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Adv. Rama Chary Rachakonda
Hyderabad | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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