Can a Will entered into probate be deemed invalid if the person named as beneficiary is charged with forgery of one of the witness’s signatures?

They have been charged but not yet convicted.

Asked on October 21, 2013 under Estate Planning, Arizona


Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

Each state has different rules on how a will must be signed. In many states, the witnesses must sign at the same time as the person making the will. If one of the witnesses' signatures on the will is forged, then the witness must not have signed at the proper time, and the will might not be accepted. However, many states will allow a witness to sign at a later time (in California, a witness can sign at any time before the death of the person making the will). You should talk to a local probate attorney to find out what the law in your state requires regarding witnesses' signatures.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.