Skip to main content
WUHLD
← Back to articles

How to Prove Will Forgery or Fraud in the UK: Evidence, Process & Legal Remedies

· 28 min

Note: The following scenario is fictional and used for illustration.

When Emma opened her mother's will, she immediately knew something was wrong. The signature looked shaky and unfamiliar—nothing like the confident handwriting her mother had used just weeks earlier to sign birthday cards. The will left the entire £340,000 estate to Emma's estranged brother, who had reappeared after 15 years only months before their mother's death. Emma's mother had repeatedly told her the estate would be split equally between both children.

Emma wasn't the only one with suspicions. According to the Society of Trust and Estate Practitioners (STEP), will forgery costs the UK approximately £150 million annually, with around 50% of solicitors encountering fraudulent cases within the last year. In 2023, there were 122 contested probate cases—and many more suspected forgeries never reach court because beneficiaries don't know how to prove their case.

If you suspect a will has been forged or obtained through fraud, you need to understand the evidence required, who bears the burden of proof, and what legal remedies are available. This guide explains exactly how to prove will forgery or fraud in the UK, based on current law including the landmark Face v Cunningham [2020] case.

Table of Contents

Understanding Will Forgery vs Will Fraud in UK Law

Will forgery and will fraud are distinct legal concepts in England and Wales, though they're often confused. Understanding the difference affects your litigation strategy, evidence requirements, and likelihood of success.

Will forgery means creating a false instrument—a completely fake will—or forging a signature on a will with intent to induce someone to accept it as genuine. Under the Forgery and Counterfeiting Act 1981, forgery is a criminal offence carrying up to 10 years imprisonment.

Will fraud is broader. It includes misleading the testator to sign a document they believe is something else, impersonating the testator, destroying or hiding a valid will, or fraudulent calumny—poisoning the testator's mind against natural beneficiaries with false statements.

The key legal distinction matters enormously. After the Face v Cunningham [2020] case, forgery requires the executor to prove the will is genuine, with the burden on the party propounding the will. In contrast, fraud or undue influence requires the challenger to prove it occurred, with the burden on the alleging party.

Here's a concrete example of forgery: David's signature appeared on a 2022 will, but forensic analysis showed it was traced from his signature on a 2015 will using a lightbox. The forger had copied the outline but couldn't replicate natural pen pressure variations.

And here's fraud: Margaret's daughter told her the document was a power of attorney to help with banking. Margaret signed it in good faith, not realizing it was a will leaving everything to the daughter.

This distinction affects which party must prove their case in court, changing the entire dynamic of will disputes.

Types of Will Forgery and Fraud: Real-World Examples

Forgery and fraud take many forms. Recognizing the warning signs helps you identify when something doesn't add up.

Complete forgery involves creating an entirely fake will with forged testator signature and fake witness signatures. There's often no solicitor involvement, and the will is created shortly before or after death.

Signature forgery uses an authentic will form but the testator's signature is forged. This may involve tracing from old documents, simulation—copying freehand—or cutting and pasting signatures from other documents.

Partial alteration starts with a valid will but alters specific provisions: changing amounts, crossing out beneficiaries, or adding handwritten changes without proper execution.

Destroyed or hidden wills involve deliberately destroying a later will to present an earlier will as the final version, or hiding all wills to trigger intestacy benefiting a specific person.

Fraudulent execution happens when the testator signs but doesn't know it's a will. They're told it's a power of attorney, medical form, or bank document.

Impersonation means someone other than the testator signs their name in the presence of fraudulent witnesses who confirm the fake identity.

Witness fraud includes witnesses who weren't actually present when the testator signed, backdated signatures, or witnesses who are beneficiaries—making their gifts void but the will potentially still valid.

Fraudulent calumny occurs when a beneficiary makes false statements about other potential beneficiaries to poison the testator's mind and secure a larger inheritance.

Sarah suspected forgery when her father's 2021 will showed two witnesses she'd never heard of. Investigation revealed both witnesses were her brother's friends who admitted they'd signed months after her father died, at her brother's request.

Robert's signature on the disputed will was perfectly aligned horizontally, but his genuine signatures due to arthritis always had a characteristic upward slant. Forensic analysis confirmed the disputed signature was computer-generated.

Red flags vs normal characteristics:

Characteristic Normal Will Forgery Warning Signs
Professional involvement Solicitor or will-writing service involvement Homemade will with no professional involvement
Consistency with wishes Consistent with testator's expressed wishes Contradicts recent statements about inheritance plans
Witnesses Friends, neighbors, colleagues Unknown or connected to sole beneficiary
Pattern of changes Gradual changes over multiple wills Sudden dramatic change in final will
Signature consistency Signature consistent with medical condition Signature shows strength/control inconsistent with advanced Parkinson's/dementia
Timing Created with proper planning Created days before death or during incapacity

The Face v Cunningham Case: Who Bears the Burden of Proof?

The Face v Cunningham [2020] EWHC 3119 (Ch) case fundamentally changed forgery litigation. Understanding this ruling is critical if you're challenging a suspected forged will.

Rebeca Face brought a claim to propound a photocopy of a September 2017 will making her sole beneficiary of her late father Donald Face's estate. The original will was never found. Siblings Rowena and Richard alleged forgery.

Before Face v Cunningham, legal practitioners widely understood that the burden of proving forgery rested with the person alleging it, based on earlier cases and the general principle that the challenger proves their case.

HHJ Hodge QC changed this. He reasoned that the Wills Act 1837 Section 9 requires a will to be in writing, signed by the testator (or someone in his presence and at his direction), and duly witnessed. These are formal requirements for validity.

The party seeking to propound a will must prove it was validly executed and witnessed—including proving the signature is genuine, not forged.

The distinction matters: Forgery goes to formal validity requirements. Was this document properly executed? Fraud and undue influence assume valid execution but challenge the circumstances. Was the testator deceived or coerced?

In forgery cases, the executor or beneficiary defending the will must prove it's genuine. In fraud or undue influence cases, the challenger must prove their allegations. This changes litigation strategy fundamentally.

The outcome in Face v Cunningham was decisive. The court rejected the claimant's evidence as "inherently incredible" and "pure fiction." The 2017 will was found to be a forgery fraudulently procured by the claimant with help from her partner and two witnesses. The judge sent his judgment to the Crown Prosecution Service for potential criminal charges.

While this is a first instance decision, it's logically sound and expected to establish precedent. The presumption of due execution is only a presumption—the initial burden always rests on the party propounding the will to show valid execution.

If you're challenging a will as a forgery, you no longer need to prove it's fake. The burden is on the executor to prove it's genuine. This significantly improves your chances of success, but you still need strong evidence to rebut the presumption of due execution.

Evidence Required to Prove Will Forgery

Courts require compelling evidence to find forgery. Your personal suspicion isn't enough—you need concrete, verifiable proof.

Forensic handwriting analysis is typically central. An independent forensic document examiner compares the disputed signature with 10-20 known genuine signatures. They look for tracing—light marks, hesitation, uniform pressure—simulation (stylistic copying), inconsistent pen pressure, unnatural pen lifts, and tremor versus deliberate movement.

Witness testimony includes statements from people familiar with the deceased's signature, handwriting style, and habits. Evidence they expressed different wishes. Testimony that supposed witnesses weren't present at signing.

Contemporaneous documents provide crucial comparison material. Recent letters, cards, and forms showing genuine signatures. The more recent and the more examples, the stronger the evidence.

Circumstantial evidence includes suspicious timing—created days before death when the testator was incapacitated—unusual beneficiaries, no solicitor involvement, the testator's expressed contrary wishes, and medical records showing lack of capacity at the alleged signing date.

Document examination involves paper analysis (was the will printed on paper not available until after the testator's death?), ink analysis (type and age), and metadata from digital documents (creation dates, author information).

Expert evidence may include geriatric psychiatrists on capacity and medical experts on physical ability to sign given health conditions at the time.

Witness credibility matters when witnesses give inconsistent statements about signing circumstances or when witnesses benefit or are connected to the beneficiary, making them interested parties.

The strongest cases combine forensic handwriting analysis confirming forgery, multiple witnesses who can attest to the genuine signature, and contemporaneous documents showing different intentions.

Moderate strength cases have circumstantial evidence—suspicious timing, no solicitor, contradicts wishes—plus witness testimony.

The weakest cases rely on speculation without expert analysis or documentary proof.

Gather documents immediately. Anything with the testator's signature from a similar time period: bank checks, birthday cards, medical forms, legal documents. The more comparison samples your expert has, the more reliable their analysis.

Your own opinion that a signature "looks wrong" isn't evidence. Courts require expert forensic analysis from qualified document examiners with relevant credentials and court experience.

How Forensic Handwriting Analysis Works in Forgery Cases

Understanding what experts do helps you assess whether your case merits expert instruction.

Forensic document examiners often have backgrounds with the Forensic Science Service, 20-plus years of experience, and comprehensive specialist training. Members of the British Institute of Graphologists can provide evidence admissible in tribunals and courts.

Experts require 10-20 known genuine signatures—more is better—from a similar time period to the disputed signature. They examine individual letter formation, baseline consistency, pen pressure patterns, speed of execution, natural variation versus mechanical reproduction, connecting strokes, and starting and ending points.

Detection methods for tracing include looking for light preliminary marks, hesitation, uniform line quality lacking natural pressure variation, guide marks, and indentations from tracing tools.

Simulation detection—freehand copying—reveals slower execution speed, deliberate pen lifts, concentration on form rather than flow, and tremor from conscious effort rather than age or illness.

Cut-and-paste detection examines signature alignment. Perfectly horizontal signatures suggest digital manipulation. Experts check for resolution differences and inconsistent ink or pen characteristics.

Mechanical reproduction shows photocopy artifacts and pixel analysis reveals digital forgeries.

Experts produce written reports with methodology, findings, conclusions, and degree of certainty: definite forgery, probable forgery, inconclusive, probably genuine, or definitely genuine.

Experts may be called to testify and withstand cross-examination. Their credentials, methodology, and prior court experience affect the weight given to their evidence.

Handwriting analysis isn't an exact science. Results aren't always unambiguous. If the testator's signature naturally varied significantly due to medical conditions, age, or writing surface, analysis may be inconclusive. Rare cases of skilled forgers can fool experts.

UK courts accept forensic handwriting analysis as evidence when the expert is properly qualified and uses recognized methodology.

The expert in Face v Cunningham likely compared Donald Face's 2017 signature with signatures from his medical records, bank documents, and prior wills from 2010-2016. Inconsistencies in letter formation, particularly in the capital 'F' and 'D', combined with unusual hesitation marks, would have indicated forgery.

Expect to pay £1,500-£5,000 for comprehensive forensic analysis depending on complexity and the number of documents requiring examination. This is a disbursement cost paid separately from solicitor fees that may be recoverable from the estate if you win.

Instruct early—before filing court proceedings if possible. If expert analysis shows the signature is probably genuine, you can avoid an expensive court battle. If it confirms forgery, the report becomes central evidence in your case.

Standards of Proof: Civil vs Criminal Proceedings

Most forgery challenges are civil probate proceedings, not criminal prosecutions. Understanding the difference matters.

Civil standard: balance of probabilities—In civil probate proceedings contesting a will, the claimant must prove "more likely than not" that forgery occurred, requiring greater than 50% probability. This is the standard used in most will forgery challenges.

Criminal standard: beyond reasonable doubt—In criminal prosecution for forgery, the Crown Prosecution Service must prove beyond reasonable doubt that the defendant committed forgery. This is a much higher threshold, around 95% certainty or greater. It results in criminal penalties: prison, fines, and a criminal record.

Most cases are civil because will disputes are resolved in probate court using the civil standard. The goal is determining the valid will for estate administration, not punishing the forger. Criminal prosecution is a separate process, initiated by the CPS, happening in Crown Court.

Will forgery is both a civil wrong and a criminal offence. The same evidence supports both proceedings, but standards differ. The Face v Cunningham court sent its judgment to the CPS for potential criminal charges after finding civil forgery.

Prior to Re B (Children) [2008] UKHL 35, some confusion existed about a "heightened standard" for serious civil allegations like fraud. The House of Lords confirmed there is only one civil standard—balance of probabilities—but the gravity of the allegation affects the quality and weight of evidence required. The more serious the allegation, the stronger the evidence needed to tip the balance.

Courts scrutinize forgery evidence more carefully than routine contractual disputes, but the legal standard remains balance of probabilities. Strong circumstantial evidence combined with expert analysis can meet this standard.

If a handwriting expert testifies there's a 70% probability a signature is forged, and circumstantial evidence supports this—the testator with advanced Parkinson's couldn't have signed a steady signature, witnesses are the beneficiary's friends, and it contradicts 30 years of stated intentions—the court will find on balance of probabilities that forgery occurred, even though a 30% possibility remains it was genuine.

Aspect Civil Proceedings Criminal Proceedings
Court Chancery Division (High Court) or County Court Crown Court
Standard of Proof Balance of probabilities (>50%) Beyond reasonable doubt (~95%+)
Who brings case Beneficiary/interested party Crown Prosecution Service
Penalties Will declared void, costs orders Prison (max 10 years), fine, criminal record
Goal Determine valid will Punish criminal conduct
Frequency Common Rare (only egregious cases)

How to Challenge a Suspected Forged Will: Step-by-Step Process

If you suspect forgery, time matters. Here's exactly what to do.

Step 1: Lodge a Caveat Immediately (Within Days)

Submit Form PA8A to any Probate Registry online, by email with PBA payment, by post, or in person. The cost is £3.

A caveat prevents a grant of probate from being issued for six months, giving you time to investigate and gather evidence. You must be 18 or over and live in England and Wales. Provide the deceased's full name, date of death, and last permanent address.

Once a grant is issued, challenging becomes significantly more complex and expensive. Lodge the caveat first, investigate second.

Step 2: Consult Specialist Contentious Probate Solicitor (Within 1-2 Weeks)

Find a solicitor with experience in will fraud and forgery cases—not a general probate solicitor. Your initial consultation should assess case strength, evidence requirements, and cost estimates.

Typical hourly rates are £280-£500 according to Law Society guidance on contentious probate work. Total case costs range from £5,000-£50,000 or more depending on complexity and whether court proceedings are needed.

Funding options include Conditional Fee Agreements ("no win no fee"), legal expenses insurance, and funding from the estate if you win.

Step 3: Gather All Available Evidence (Within 1 Month)

Collect all papers with the testator's genuine signatures: bank statements, medical records, birthday cards, prior wills, and legal documents.

Get written statements from family, friends, and medical professionals about the testator's signature, expressed wishes, relationship with beneficiaries, and capacity at the time of alleged signing.

Create a chronology of the testator's health, relationship with beneficiaries, and will creation circumstances. Gather any photos or videos of the testator discussing estate plans differently.

Step 4: Instruct Forensic Handwriting Expert (Within 2 Months)

Choose an expert from a recognized professional body like the British Institute of Graphologists or Forensic Science Society, with court testimony experience.

Provide all genuine signature samples and the disputed will. Expert analysis typically takes 4-8 weeks and costs £1,500-£5,000. This is a disbursement that may be recoverable if you win.

If the expert opinion is inconclusive or suggests the signature is genuine, reassess whether to proceed.

Step 5: Attempt Settlement Negotiations (Before Court)

Share the expert report with the executor and beneficiaries defending the will. Propose mediation, offer a compromise distribution, or request the executor admits doubt and distributes under intestacy or an earlier will.

Settlement avoids court costs of £10,000-£100,000 or more, provides faster resolution, and preserves family relationships.

In Face v Cunningham, settlement wasn't possible because the forger insisted the will was genuine despite overwhelming evidence. Court proceedings became necessary.

Step 6: Issue Court Proceedings (If Settlement Fails)

File in the Chancery Division of the High Court or County Court depending on estate value. You'll need a claim form, particulars of claim, witness statements, and expert reports.

Both sides exchange all relevant documents through disclosure. The timeline from filing to trial is typically 12-24 months, potentially longer with delays.

At trial, the judge hears evidence from witnesses and experts, makes findings, and declares the will valid or invalid.

Step 7: Costs and Enforcement

The losing party typically pays the winner's costs, but the court has discretion. The losing party may appeal, extending the timeline further.

If the court finds forgery, the judgment may be sent to the CPS, as happened in Face v Cunningham. If the will is declared void, the estate distributes under an earlier valid will or intestacy rules.

Caveats expire after six months but can be renewed. Don't let yours lapse while investigation continues. However, it's an abuse of process to lodge a caveat without legitimate reason. Ensure you have reasonable grounds for suspicion before filing.

The statute of limitations is generally 12 years for fraud claims, but probate claims should be brought promptly to avoid estate distribution to wrong parties.

Cost fears stop many people from challenging forgery. Here's the reality.

Typical cost breakdown:

Solicitor fees range from £280-£500 per hour according to Law Society guidance. A straightforward case costs £2,200-£5,000 plus VAT. A contested case with court proceedings runs £15,000-£50,000 or more. Complex trials cost £50,000-£150,000 or more.

Forensic handwriting experts charge £1,500-£5,000 as a one-time disbursement. Barrister fees for trial advocacy run £3,000-£15,000 if the case reaches court.

Court fees depend on estate value, ranging from £500-£10,000 for claim fees, plus hearing fees. Other disbursements include medical expert reports, document retrieval, and travel costs.

Total estimates: settlement before court costs £5,000-£15,000. A full trial costs £30,000-£150,000 or more.

Who pays—the general rule:

The losing party pays the winning party's costs, not their own costs plus the winner's costs. However, the judge has discretion based on conduct, reasonableness, and whether settlement offers were refused.

Even if you win, you often don't recover 100% of costs. Courts award "reasonable" costs on assessment.

If you prove forgery and win:

The court declares the will void. The typical costs order requires the defendant—the forger or executor defending the will—to pay your costs on a standard basis, recovering around 60-70%.

If the forger has no personal funds, costs may be paid from the estate, reducing everyone's inheritance. If the forger is criminally convicted, a confiscation order may compensate costs.

If you lose:

The court finds the will is genuine—you couldn't prove forgery. You pay your own solicitor fees plus the defendant's costs.

Some costs protection exists if you acted reasonably on strong initial evidence. Total exposure in the worst case could be £50,000-£200,000.

If the case settles before trial:

Negotiate costs as part of the settlement. Often each side bears its own costs, or there's a nominal contribution from the estate. The advantage is certainty and limited exposure.

Cost protection mechanisms:

Conditional Fee Agreements (CFAs) offer "no win, no fee" arrangements. The solicitor is only paid if you win, plus a success fee capped at 100% of base costs. You're still liable for the opponent's costs if you lose unless you have ATE insurance.

After-the-Event (ATE) Insurance covers the opponent's costs if you lose. Premiums range from £500-£15,000 depending on case value and risk. The premium may be recoverable if you win.

Legal Aid is means-tested and very rarely available for probate disputes. Most will forgery cases don't qualify.

Estate funding—sometimes the estate can fund reasonable investigation costs if the executor has doubts—is rare in forgery cases where the executor is defending the will.

Consider the cost-benefit carefully. If the estate is worth £50,000 and your legal costs could be £30,000, think carefully. If the estate is worth £500,000 and you're entitled to £250,000 under an earlier will or intestacy, spending £40,000 to recover £250,000 makes economic sense—but only if evidence is strong.

In Face v Cunningham, the siblings who successfully proved forgery likely spent £40,000-£80,000 on legal fees and expert evidence. They recovered most, but not all, of these costs from the estate. Their sister's fraudulent attempt reduced everyone's inheritance by the legal costs—another reason why forgery is so damaging.

Don't rely on "no win no fee" solicitors to take your case unless evidence is very strong. They assess risk carefully. If three solicitors refuse a CFA, that tells you something about case strength.

What happens after you win? Understanding practical outcomes matters as much as winning the case.

Primary remedy: Will declared void

The court order states the disputed will has no legal effect. The estate cannot be administered according to the forged will. The next step is determining what document governs estate distribution.

Distribution hierarchy after a void will:

If the deceased made a valid will before the forged one, the earlier will becomes operative. For example, the testator made a valid will in 2015 leaving the estate equally to three children. A 2022 forged will leaving everything to one child is void. The estate distributes under the 2015 will.

The earlier will must have been validly executed and not revoked. If the forged will contained a revocation clause, the court determines whether revocation was effective—usually not, since the will is void.

If no earlier valid will exists, the estate distributes under intestacy rules. Priority goes to the spouse or civil partner first, then children, then parents, then siblings.

For example, the testator died without a spouse. An estate worth £340,000 splits equally between two children under intestacy—very different from a forged will giving everything to one child. This may not reflect the testator's wishes, but it's still better than fraudulent distribution.

Secondary remedies: Personal liability

For civil consequences, the forger pays legal costs for both sides, potentially £50,000-£200,000 or more in complex cases. Damages are rare but possible for losses caused by fraud, such as executor fees incurred or property sold at a loss during probate delay.

Assets already distributed may be held on constructive trust for rightful beneficiaries. The forger may have to account for any benefits received from the fraud.

For criminal consequences, the Crown Prosecution Service may bring criminal charges, though this isn't guaranteed. CPS discretion depends on public interest and evidence.

Offences include forgery under the Forgery and Counterfeiting Act 1981, fraud by false representation under the Fraud Act 2006, and conspiracy to defraud. Penalties include a maximum 10 years imprisonment for forgery, unlimited fines, a criminal record, and confiscation orders.

In Face v Cunningham, the judge sent the judgment to the CPS, but we don't know if criminal charges followed. Many civil forgery findings don't result in prosecution due to CPS resource constraints and priorities.

Tertiary remedies: Protection of estate assets

If assets are at risk of dissipation, the court can freeze assets pending resolution. This prevents the forger from transferring property abroad or hiding assets.

Interim injunctions stop the sale of estate property and prevent the executor from distributing assets before fraud is determined.

If assets were already transferred to third parties in good faith, recovery becomes complicated. Bona fide purchasers for value without notice may be protected. Family members who received distributions may have to return them through constructive trust claims.

Practical outcomes:

In the best case, the will is declared void, the estate distributes under an earlier valid will to rightful beneficiaries, the forger pays all costs and faces criminal prosecution, and the family receives what the testator intended.

In a typical case, the will is declared void, the estate distributes under intestacy (close to the testator's likely intentions), each side bears its own costs paid from the estate (reducing everyone's inheritance by 10-15%), and there's no criminal prosecution due to CPS resource constraints.

In the worst case for the challenger, there's insufficient evidence to prove forgery, the will stands, you pay £50,000 or more in costs, and the fraudulent beneficiary inherits everything. This is why expert evidence and strong case assessment is critical before proceeding.

Beyond legal remedies, proving forgery brings emotional closure. Validating your suspicions, exposing the truth, and ensuring justice for the deceased's memory has value beyond financial recovery.

FAQs: Proving Will Forgery or Fraud in the UK

Q: What is the burden of proof for will forgery in the UK?

A: Since the landmark case Face v Cunningham [2020], the burden of proving a will is not a forgery lies with the party seeking to uphold the will, not the person alleging forgery. This reverses the previous legal position and means the executor must prove the will was validly executed and witnessed under Section 9 of the Wills Act 1837.

Q: How much does a handwriting expert cost for a will forgery case?

A: Forensic handwriting experts typically charge between £1,500-£5,000 depending on the complexity of the analysis. They usually examine 10-20 known genuine signatures and compare them with the disputed signature, looking for nuances, deviations, tracing, simulation, or transposing. Expert evidence is often central to proving forgery.

Q: What is the difference between will forgery and will fraud?

A: Will forgery involves creating a fake document or forging a signature with the intention to deceive. Will fraud is broader and includes misleading the testator to sign something they believe is another document, impersonation, or destroying/hiding a will. Both are criminal offences under UK law, but the burden of proof differs in civil cases.

Q: Can I go to prison for forging a will?

A: Yes. Will forgery is a criminal offence under the Forgery and Counterfeiting Act 1981 and carries a maximum penalty of 10 years imprisonment. In the Face v Cunningham case, the judge sent a copy of his judgment to the Crown Prosecution Service to consider criminal charges against those who forged the will.

Q: How do I lodge a caveat if I suspect will forgery?

A: You can lodge a caveat at any Probate Registry online, by email, by post, or in person for £3. A caveat prevents a grant of probate from being issued for six months while you investigate suspected fraud or forgery. You must be 18 or over and live in England and Wales. The caveat can be extended for additional six-month periods.

Q: What evidence do I need to prove a will is forged?

A: Strong evidence includes: forensic handwriting analysis from a qualified expert, witness testimony from those who knew the deceased's signature, documents showing genuine signatures for comparison, proof of suspicious circumstances (unusual beneficiaries, no solicitor involvement), medical records showing capacity issues at the time of signing, and evidence the testator expressed different wishes previously.

Q: What happens if a will is proved to be a forgery?

A: If a court determines a will is forged, it becomes null and void. The estate is then distributed according to any earlier valid will, or if none exists, under the intestacy rules. The forger may face criminal prosecution with up to 10 years imprisonment, and may be ordered to pay legal costs for both sides of the dispute.

Conclusion

Proving will forgery requires understanding your legal rights, gathering compelling evidence, and navigating complex procedures. Here's what you need to remember:

  • The Face v Cunningham case shifts the burden of proof to the executor, who must prove the will is genuine when forgery is alleged
  • Forensic handwriting analysis costing £1,500-£5,000 is typically central to proving forgery, requiring 10-20 genuine signature samples
  • Lodge a £3 caveat immediately to prevent probate while you investigate—don't wait until you have all the evidence
  • Total legal costs for forgery cases range from £5,000 for early settlement to £150,000 or more for complex trials
  • If you prove forgery, the will becomes void and the estate distributes under an earlier valid will or intestacy rules

Challenging a family member for forgery is emotionally devastating, even when you're certain they're guilty. This isn't just a legal battle—it's a family crisis. Carefully assess whether the potential recovery justifies the emotional and financial cost before proceeding.

Need Help with Your Will?

Understanding how forgery is detected and the devastating costs involved demonstrates why creating a properly witnessed, legally sound will matters. Protecting your family from ever facing this legal nightmare starts with proper will creation today.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

Sources:

This article references the following sources:

Case Law:

Legislation:

Official Statistics:

Professional Guidance:

All statistics and legal requirements have been verified from these approved sources as of December 2024.