Handwriting Analysis in Will Cases

Each state has specific requirements for wills. While most people who have wills have them prepared by an attorney, sometimes they handwrite their own wills.

A handwritten will may or may not be valid in Florida. If the will is handwritten and not witnessed or notarized, then it is not valid. However, under Section 732.502 of the Florida Statutes, if the handwritten will is witnessed by two people who have signed the will in the presence of each other, then the will is valid.

But is the handwriting legit? Disputes over a will can arise when someone questions whether the document was truly signed by the deceased. In these situations, handwriting analysis can play a crucial role in determining authenticity. Probate courts frequently rely on expert testimony to verify signatures and detect potential fraud, making handwriting analysis an important tool in estate litigation.

Why Handwriting Matters in Probate Disputes

A valid will must be signed by the testator, which is the person who created it. When multiple wills appear, family members may suspect forgery. Handwriting analysis helps determine:

• Whether the testator actually signed the document.
• Whether someone attempted to imitate their signature.
• If the document was altered after signing.

These findings can significantly influence the court’s decision to uphold or invalidate a will.

What a Handwriting Expert Does

A forensic document examiner is trained to analyze handwriting and signatures using a scientific approach. Their work may include:

• Comparing the questioned signature to verified samples.
• Studying stroke patterns, pressure, and rhythm.
• Identifying hesitations or unnatural movements.
• Analyzing pen lifts, letter shapes, and spacing.

They may also examine the type of ink, paper aging, and whether elements were added later. The goal is to determine whether the signature is genuine, forged, or mechanically reproduced.

Common Signs of Forgery

Experts watch for specific clues that may indicate fraud, such as:

• Tremors that suggest a slowed, imitated signature.
• Inconsistent letter formation compared to past documents.
• Uniform pressure that doesn’t match natural handwriting.
• Tracing marks from templates or guides.
• Misspellings or unusual writing habits that do not align with the testator’s history.

However, medical conditions can complicate the analysis. Age, arthritis, tremors, stroke, and medication can all alter signatures. An older adult’s handwriting may naturally degrade, making analysis more challenging. Forensic experts take these factors into account by reviewing medical records or testimony from doctors.

How Handwriting Evidence Influences Outcomes

If analysis proves the signature is forged, the will is typically void. The court may then reinstate a previous valid will or distribute assets under state intestacy laws. If the signature is verified, those who challenge the will may have a harder time proving their case.

Seek Legal Help

When disputes occur over handwritten wills, handwriting analysis may be able to play a role and help resolve family conflicts.

Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A is experienced at guiding clients through emotionally charged estate proceedings with clarity and resolve. To schedule a consultation, fill out the online form or call 954-764-4330.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.502.html