Forgery
Document and Signature Forgery: How to Prove a Document Is Forged
Suspect a forged signature or document? What to do with it, who decides whether it is forged, and why the circumstances matter as much as the handwriting.
In short
- Do nothing to the original document: do not mark it, do not stick anything on it, do not send it by mail. It is the most important piece of evidence.
- A professional determination on a signature or handwriting is the role of a forensic document examiner, not of a private investigator or of the lawyer.
- An examiner needs comparison material: your genuine signatures from the same period, and preferably as many as possible.
- The circumstances matter as much as the handwriting: where you were on the date of signing, who was in the room, and who benefited from the document.
- Forgery is a criminal offense, and so is using a forged document. But the decision whether to file a complaint, to contest it in civil proceedings, or both, is best made with a lawyer.
You look at the signature, and it looks like yours. But you know you did not sign. Or your father's will suddenly appeared, after years in which he spoke of a completely different division. Or a contract nobody in the company remembers binds you to a large sum. A suspicion of forgery is a confusing and stressful situation, because the document itself speaks for the other side. To contradict it you need evidence, not just a feeling.
Which documents are forged, and why
Contracts and guarantees
A signature on a contract, a guarantee or a promissory note, to create a debt that does not exist or to transfer it to someone else.
Powers of attorney
A forged power of attorney makes it possible to sell a property, transfer funds or act on a person's behalf without their knowledge. In real estate, this is one of the well-known methods of property theft. One example is the Kfar Saba property case, in which an indictment was filed for forging documents and impersonating the property owner.
Wills
A will that appeared in suspicious circumstances, a will the testator was in no condition to sign, or a will in which only some of the pages are original.
Invoices and business documents
Fictitious invoices, forged approvals, work orders or delivery notes, usually as part of embezzlement or supplier fraud.
Certifications and affidavits
A lawyer's certification, a confirmation of service or an affidavit that look proper but were not signed the way they appear to have been. We wrote about one such example in our article on a process server's affidavit attested with a pasted-on stamp.
Digital documents
A PDF file that was altered, a photo of a document with a signature pasted onto it, or a forged message. Digital forgery is easy to carry out, but quite often leaves traces in the file itself.
What to do as soon as a suspicion arises
- Keep the original as it is. Do not write on it, staple it, refold it or put a sticker on it. If you have the original, keep it in a separate bag or folder.
- If the other side has the original, ask through a lawyer to inspect it, or to have it deposited. In most cases, a copy is not enough for the examiner.
- Collect signatures for comparison: documents you signed that are beyond doubt genuine, from the same period as the suspect document. Checks, contracts, bank forms, certificates. Official sources are preferable, and as many as possible.
- Write down what you remember: where you were on the date of the document, who you spoke to, and what you knew about the transaction.
- Do not confront the person you suspect before you have consulted a lawyer. Otherwise they can prepare, make evidence disappear and align their stories.
- Check deadlines. In certain proceedings, such as an objection to a will or a response to a claim, there are fixed deadlines, and it is important not to miss them.
Who decides whether there is a forgery
The forensic document and handwriting examiner
This is the person who examines the signature and the document itself: the shape of the writing, the pressure, the rhythm, the ink, the paper and the printing. They write an expert opinion and, where needed, testify on it in court. In many cases each side brings its own expert, and the court can also appoint an expert of its own.
Note the difference: a graphologist who analyzes personality from handwriting is not a forgery examiner. Look for an expert who specializes in handwriting comparison and document examination.
The court
In the end, the court decides whether the document is forged. It weighs the experts' opinions, but also all the other evidence: testimony, circumstances and logic.
Why the circumstances matter as much as the handwriting
An expert's opinion is important evidence, but it is not always conclusive. Experts can disagree with one another, and a skilled forger can come very close to the genuine signature. In many cases, what decides the case is actually the circumstances:
- Where was the signer on the date of signing? If they were abroad, in hospital or somewhere else, a signature at the place and on the date shown in the document is impossible.
- Who certified the signature? If a lawyer or notary certified it, did they really see the signer? What does their diary say?
- Who was present? Witnesses to the signing, and what they remember.
- Where the document came from, and why it appeared precisely now.
- Who benefited from the document, and what the situation was before it.
- Whether the document fits its period: a format, logo, address, font or detail that did not exist on the date shown on it.
- In a digital document: when the file was created and modified, and with which software.
This is where the investigator comes in. The investigator does not determine whether the signature is forged. The investigator examines what happened around it.
A will that looks suspicious
Wills are one of the most sensitive areas, because the signer can no longer say what happened. Apart from forgery, related questions are often examined too: whether the testator understood what they were signing, whether someone exerted undue influence over them, and who was involved in drafting the will.
Signs to watch for: a new will signed shortly before death, a beneficiary who was involved in drafting it or was present at the signing, a will that differs greatly from earlier wills or from what the testator said, and witnesses nobody in the family knows.
When filing an objection to the probate of a will, there are defined deadlines and procedures. It is advisable to contact a lawyer as early as possible.
Criminal, civil, or both
- A police complaint: forgery, and the use of a forged document, are criminal offenses. A complaint is particularly appropriate when there is active fraud, for example an attempt to sell a property or withdraw funds.
- Civil proceedings: a claim of forgery as a defense against a lawsuit, an application to set aside a contract or a registration, or an objection to a will.
- Urgent steps: when there is an immediate danger, for example the transfer of a property, the lawyer can apply for an injunction or register a caveat (a warning note in the Land Registry).
The decision depends on the case, and is best made together with a lawyer.
When you need a private investigator
When the experts' opinions are not conclusive, or when the other side brings an expert who says the opposite. When you need to prove where the signer was on a particular date. When you need to locate witnesses, find out who was involved in preparing the document, or understand where it came from. And when the forgery is part of a wider fraud.
A licensed private investigator investigates the circumstances: locates and interviews witnesses, examines the document's path, reconstructs a timeline, and looks for the details that do not fit. The investigator works alongside the forensic document examiner and the lawyer, and at the end you receive an evidence file that brings the whole picture together.
The information in this section is general and is not legal advice. Every case is assessed on its own facts.
In case of any discrepancy, the Hebrew version prevails.
