If you make a Will and you forge someones signature because you do not want anyone to see whats inside the will is the Will legal? 2. If someone says also they hav not signed a Will and yet their signature is on the Will what happens?
2006-12-19 12:30:29 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I mean if the witness says that she has not signed anything (maybe she has forgotten or soething) and is epohatic about it is it still of value.?Thisis for British people only in Eng;land
2006-12-19 12:41:22 · update #1
The person has passed away and the witness says that she has not signed any documents at all yet there are two documents with her signature..one being the will. Am worried now as to whether the Will will be recognised by law.tbhis is in the UK.
2006-12-20 01:19:38 · update #2
The requirement under the Wills Act 1861 is for two people to witness the signature of the testator. All they are signing to is the fact that they saw the testator adding his signature to a document. They have no business whatsoever to look at what's in the will and it is perfectly in order for the testator to cover up the top part of the page they sign. The two witnesses have to be present at the same time as the testator signs the will. This means that if both witnesses survive the testator, then one can give evidence as to whether or not the other signed. It's quite common for elderly people to forget things entirely and this would not be a moment in anyone's life which is likely to stand out significantly and therefore be memorable. However, most of us would recognise a signature as being false when it bears no resemblance to ours.
There is, incidentally, no obligation to involve a solicitor in the making of one's will and a home made will is perfectly valid provided that it is dated and signed by the testator before two witnesses who are not mentioned in the will, who then proceed to sign on their own behalf, with their occupations and addresses. The testator must be of sound mind (as we say in English), but the onus is on anyone challenging the will to prove otherwise at a later date and this seldom occurs.
What is puzzling here is why anyone who has witnessed the signature of a testator should then bounce back and deny signing. As they are not beneficiaries under the will, why should they get involved? How would they ever get to see the will? Has someone put this particular individual up to it and, if so, why?
If the signature is a forgery, then there will presumably have to be a protracted and very expensive case before the High Court to test its validity. The only people who will definitely make huge gains will be the lawyers. If the will is invalid because the testator's signature was not witnessed by two impartial individuals, then the estate will fall under his intestacy or -- possibly -- under the terms of a previous will. More money for the lawyers!
2006-12-19 21:49:37 · answer #1 · answered by Doethineb 7 · 0⤊ 1⤋
First of all, the laws regarding the formation of a will vary by state. In California, typewritten wills must be signed by two witnesses. They don't need to read the will, just witness the signing and indicate that the person making the will is of sound mind. So, forging as witness' signature might invalidate the will in some states.
Your second question isn't really possible to answer without more information regarding the context. A will can be changed or even canceled at nearly any time prior to death. If the person who allegedly made the will is claiming they didn't sign, they can just make a new will. If they have died, the court will decide the validity. If the witness denies signing, the person making the will can make a replacement will with proper witnesses or court will decide the validity if the person has died.
2006-12-19 12:39:29 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
No it is not a valid will !
A will is only made when the person is in a good medical state of mind and is witnessed by a solicitor for legal reasons .
At the time the will is made the master copy is kept by the solicitor and is sealed in the traditional method of hot candle wax and stamp ( it is in our practice ) the person making the will is then asked if they require a copy ( 80% of people opt not to have one )
So the chances of you being able to forge a signature is nill as the solicitor still has the master copy securely locked away from people who want to change thing`s for their own benefit I can tell you now that the self certified will`s you can buy from the likes of whsmith`s / woolworth`s are not a legal document so don't think you could fill in one of these pretending it is from the deceased person because you will end up in prison when you get found out ( and you will get found out ) if there is any doubt then it will go to court and a judge will decide who get`s what ! If the person leaving the will wanted to leave you something then they would of left you something you shouldn't have to forge people`s signatures to get thing`s .
And by the sound`s of it you deserve all you are about to receive!!!!
2006-12-19 13:22:04 · answer #3 · answered by charlotterobo 4 · 0⤊ 1⤋
well it all depends on your states laws. Each state will be different. But Im guessing that a forged signature of a witness may invalidate the will. As for number 2.... not quite sure what you are getting at.
2006-12-19 12:34:02 · answer #4 · answered by a 4 · 0⤊ 0⤋
The last will and testament is legal per se its the legal intrument use to, subject to apparent heir and if fraudulent in manner the appoint attorney well distinguished if there is fraud occured and you can sue in the court.
2006-12-19 17:24:24 · answer #5 · answered by mario t. reoyan 3 · 0⤊ 0⤋
no it isnt. to make a will valid it must be countersigned by some one and preferably a solicitor or someone of that standing.
2006-12-19 12:50:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋
no. contest the will.
2006-12-19 12:39:54 · answer #7 · answered by Big Jer 1 · 0⤊ 0⤋