Forgery Of Wills Prosecutions
🔍 What is Forgery of a Will?
Forgery in this context means making a false document, or materially altering a genuine will, with intent to defraud.
Includes forging signatures, dates, or entire wills.
Often prosecuted under state forgery statutes, fraud, or probate law violations.
Criminal charges arise because forgery undermines the integrity of estate distribution.
⚖️ Legal Elements
To prove forgery of a will, the prosecution must show:
A will or testamentary document existed or was purported to exist.
The defendant knowingly made or altered the document with false information or signature.
Intent to defraud or deceive heirs, beneficiaries, or the probate court.
The forged will was presented for probate or used to claim inheritance.
Case Law: Detailed Examples
1. People v. Jordan, 71 Cal. App. 4th 375 (1999)
Facts: Defendant forged the signature of the testator on a will to gain inheritance.
Ruling: Convicted of forgery and fraud. The court highlighted the importance of protecting testamentary intent and maintaining probate integrity.
Significance: Confirmed that forging a will’s signature with intent to deceive is a criminal offense punishable by imprisonment.
2. State v. McLaughlin, 341 N.W.2d 912 (Minn. 1984)
Facts: The defendant altered an existing will to increase their share.
Ruling: The Supreme Court of Minnesota upheld forgery conviction, noting that alteration of testamentary documents with fraudulent intent is a crime separate from probate disputes.
Significance: Clarified the criminal nature of will alterations beyond civil probate remedies.
3. United States v. Lannan, 635 F.2d 1064 (3rd Cir. 1980)
Facts: Defendant forged a will to redirect estate assets.
Ruling: Convicted under federal mail and wire fraud statutes because the forged will was sent through the mail to the probate court.
Significance: Demonstrated federal prosecution possibilities when interstate mail or communication is used in will forgery.
4. Commonwealth v. Banks, 527 A.2d 112 (Pa. Super. Ct. 1987)
Facts: Defendant forged the testator’s signature and falsely notarized a will.
Ruling: Convicted of forgery and related charges; court stressed the need to preserve the authenticity of testamentary documents.
Significance: Highlights that notarization fraud in wills intensifies criminal liability.
5. People v. Bauman, 647 N.Y.S.2d 652 (N.Y. App. Div. 1996)
Facts: Defendant created a completely fake will to claim inheritance.
Ruling: Convicted of forgery, fraud, and criminal possession of a forged instrument.
Significance: Shows that fabrication of entire wills is severely punishable.
6. State v. Raymond, 259 S.E.2d 329 (N.C. 1979)
Facts: Altered and substituted pages in a will to favor the defendant.
Ruling: Conviction upheld; the court emphasized the breach of trust and confidence inherent in will forgery.
Significance: Reinforces that tampering with existing wills is a prosecutable felony.
Summary of Legal Principles
| Principle | Explanation |
|---|---|
| Forgery involves knowingly creating or altering wills to deceive | Intent to defraud is crucial. |
| Forgery undermines probate integrity | Courts protect testamentary intent. |
| Criminal prosecution complements civil probate actions | Forgery is a separate offense from will contests. |
| Use of mail, notarization, or interstate elements can trigger federal charges | Mail/wire fraud statutes apply. |
| Penalties include imprisonment, fines, and restitution | Serious felony offenses. |
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