Suspect a Forged Signature on a Will? Start with the Evidence

A handwriting examiner compares a questioned signature with genuine signatures of the same person. The result can be one piece of evidence in a Florida will challenge. This page explains how that comparison works, what evidence it needs, and which deadlines matter most.

When a Signature on a Florida Will Is Questioned

A signature is central to whether a Florida will is valid. Florida requires a will to be in writing and signed at the end by the testator, or by another person in the testator’s presence and at the testator’s direction, and the testator’s signing or acknowledgment must be made in the presence of at least two attesting witnesses who sign the will in the testator’s presence and in each other’s presence (Fla. Stat. § 732.502).

Doubts often come up in situations like these:

• A new will suddenly favors one person.
• The signature looks different from the decedent’s usual writing.
• A document appears after a caregiver or relative had access to the decedent’s papers.

A forgery claim is only one ground. Florida law says a will is void if its execution was procured by fraud, duress, mistake, or undue influence (Fla. Stat. § 732.5165). A handwriting question often sits alongside those issues.

Trust Counsel, PL focuses on probate litigation and trust litigation, including will and trust disputes for beneficiaries and heirs.

What a Forensic Handwriting Examination Is

A forensic handwriting examination is a side-by-side review. The examiner compares a questioned signature against known, genuine samples. The examiner reports what the writing shows. The court decides what it means, together with all the other evidence.

An examiner looks at letter formation, proportions, slant, spacing, pen pressure, line quality, and pen lifts. The examiner also checks whether the writing shows the natural variation you’d expect from that person.

These include looking at natural variation and at signatures that are unusually identical or appear traced (AAFS).

Examiners can also check whether a document was changed after it was first made. This works best when the original paper and writing instruments are available.

Evidence an Examiner Needs and Why Originals Matter

The examiner needs the original will and genuine samples of the decedent’s handwriting. Copies help with a first look, but they limit a detailed comparison.

Good known samples include checks, deeds, letters, medical or financial forms, and earlier estate documents. Signatures change with age, illness, and medication. Samples from the same period as the will matter more than old ones. A few signatures are often not enough to show the person’s natural range.

Protect the evidence from the start:

• Don’t handle, mark, or fold the original will.
• Keep the envelope, attachments, and any cover papers.
• Write down who had access to the papers, and when.
• Save any drafts, notes, or messages about the will.

How the Process Works, Step by Step

The process usually moves through a clear sequence. Each step depends on the one before it.

1. Review. Start with a consultation to go over the will, the probate status, and your concern.
2. Preserve. Secure the original will and gather known samples through counsel.
3. Examine. Retain a handwriting examiner, with the scope and questions set in advance. The examiner then compares the signatures and writes a report.
4. Object or contest. Raise the issue in the probate or trust case. A will contest cannot start before the testator dies (Fla. Stat. § 732.518).
5. Discovery and hearing. Discovery may include depositions of the examiner and the will’s witnesses. The examiner may testify at a hearing or trial.

Timing is the hardest part. Under Fla. Stat. § 733.212, an interested person on whom a copy of the notice of administration is served must file an objection to the will’s validity on or before the date that is 3 months after the date of service of that notice on that person. Otherwise, those objections are forever barred. The period may be extended only for estoppel based on a personal representative’s misstatement about the deadline. Under Fla. Stat. § 733.212, unless sooner barred by this subsection, all objections to the validity of a will, venue, or the jurisdiction of the court must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after service of the notice of administration. A caveat filed before death expires 2 years after filing (Fla. Stat. § 731.110). Assess timing early.

What an Examination Can and Cannot Establish

An examination can document a comparison that a court weighs with other evidence. It cannot decide a case on its own.

The burden starts with the will’s proponent. That party must first establish prima facie the will’s formal execution and attestation. After that, the contestant must establish the grounds for opposing probate (Fla. Stat. § 733.107).

Results depend on the quality and number of genuine samples. They also depend on the condition of the original. The other side may hire its own examiner, and both reports are tested in court. Reports take time, and the court’s schedule affects when testimony happens.

No outcome can be promised. The examination supports the legal argument. It does not decide the case.

Costs and What Drives Them

Examiner fees depend on the number of documents, the number of known samples, whether originals must be examined in person, and whether the examiner testifies. The examiner’s written scope and fee estimate should be in place before work starts. Ask what extra charges may apply, such as travel or testimony time.

The first consultation is free, confidential and carries no obligation to continue.

A free first consultation, confidential and with no obligation to continue, lets you review the cost picture before you commit.

Why Trust Counsel for a Forged Will Matter

Trust Counsel, PL advises and represents trustees, personal representatives, and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm itself does not serve in that role.

Leslie V. Marenco is the responsible attorney for this page. The firm’s lawyers also include Tanya Vega.

The firm’s only office is in Coral Gables, Florida. We serve clients in Fort Lauderdale, Boca Raton, and West Palm Beach.

Trust Counsel coordinates the examiner, evidence preservation, the probate filing, and trust litigation strategy within one matter. If a matter may be referred to another lawyer or firm, we say so at the outset.

Frequently Asked Questions