In Canada, forging a signature on a will or using a fake testamentary document to steal an inheritance is a severe federal crime. Under the Criminal Code of Canada, forgery and uttering a forged document are hybrid offences carrying a maximum penalty of up to 10 years in prison on indictment, while associated fraud involving a will can carry up to 14 years.
Losing a loved one is a highly emotional time, but when large inheritances, real estate, and family businesses are involved, disputes over a deceased person’s estate can turn ugly. Occasionally, a family member might take a drastic and illegal shortcut by faking the deceased’s signature on a new will or altering an existing one. Whether this happens in Toronto, Vancouver, or Winnipeg, probate matters might be handled in provincial courts, but the act of forging a legal document is a massive violation of the federal Criminal Code of Canada. 📝 The law does not treat this as a simple family disagreement; it treats it as a serious fraud against the justice system and the rightful heirs.
Specifically, creating the fake will falls under the crime of “Forgery” (Section 366), and trying to pass it off as genuine at a bank or courthouse is called “Uttering a Forged Document” (Section 368). Because testamentary documents dictate the transfer of significant wealth, Canadian judges take these offences exceptionally seriously. A conviction will result in a permanent criminal record and a very high likelihood of jail time. If you are accused of this crime, or if you suspect someone has submitted a fake will to the court, you must not take the law into your own hands. We strongly recommend searching our directory for an experienced criminal defence lawyer to protect your rights.
Step-by-Step Process of a Criminal Forgery Investigation in Canada
While wills are submitted to provincial courts (like the Superior Court of Justice in Ontario or the Court of King’s Bench in Alberta), the criminal investigation is conducted by local police or the RCMP. Here is how a forgery allegation generally escalates from a civil dispute to a federal criminal prosecution.
Step 1: The Initial Suspicion and Reporting
The process usually begins when a rightful heir or the estate’s executor notices something wrong. Perhaps the signature on the will does not match the deceased’s normal handwriting, or a sudden “new” will magically appears leaving everything to one person. 🔍 The suspicious party will typically report this to their estate lawyer, who will then advise them to contact the fraud division of the local police service (such as the Calgary Police Service or the RCMP).
Step 2: Police Investigation and Handwriting Experts
Once the police open a file, they do not just arrest someone based on a hunch. Investigators will seize the original document. They frequently employ forensic handwriting analysts to compare the signature on the forged will to known, verified signatures of the deceased (such as those on old cheques or driver’s licences). They will also interview the supposed “witnesses” who signed the will. If the witnesses confess they were not in the room when the deceased supposedly signed, the case for forgery becomes extremely strong.
Step 3: Arrest and Bail Hearing
If the police gather enough evidence, they will arrest the suspect and formally charge them with forgery and uttering a forged document. Because these are serious hybrid offences, the police may not release the accused from the station automatically. 🚨 The accused may have to wait for a formal bail hearing. A judge will decide if they can be released back into the community, usually with strict conditions, such as having no contact with other family members involved in the estate dispute.
Step 4: Trial and Court Proceedings
Forgery and uttering a forged document are hybrid offences, meaning the Crown can choose to proceed either by summary conviction or by indictment depending on the severity of the case. If the Crown proceeds by indictment, the accused generally has the right to choose whether to have their trial before a judge alone or a judge and jury. During the trial, the Crown must prove beyond a reasonable doubt that the accused intentionally made or used the false document with the intent to prejudice another person. If convicted, sentencing will follow.
How Much Does it Cost in Canada?
Defending against federal fraud and forgery charges is incredibly expensive, as it requires highly specialized criminal defence lawyers and often private forensic experts.
- Criminal Defence Lawyer Fees: Retaining a senior criminal defence lawyer for a complex forgery trial generally costs between $15,000 and $50,000 CAD, depending on the length of the trial.
- Bail Hearing Costs: Having a lawyer represent you just for the initial bail hearing usually ranges from $1,500 to $3,500 CAD.
- Forensic Document Examiner: If the defence wishes to hire their own handwriting expert to challenge the police’s findings, expect to pay an additional $3,000 to $7,000 CAD for their report and courtroom testimony.
- Restitution Orders: If the accused successfully stole money before being caught, the court can order them to pay back every cent as part of their criminal sentence.
| Offence Type | Section of the Criminal Code | Maximum Penalty in Canada |
|---|---|---|
| Forgery (Making the fake will) | Section 366 | Up to 10 years in prison (Indictable) or 2 years less a day (Summary) |
| Uttering (Using the fake will) | Section 368 | Up to 10 years in prison (Indictable) or 2 years less a day (Summary) |
| Fraud Over $5,000 (or involving a Will) | Section 380 | Up to 14 years in prison (Indictable) |
How Long Does the Process Take?
Criminal justice moves slowly in Canada. A police fraud investigation involving handwriting analysis can take 6 to 12 months before charges are even laid. ⏱️ Once arrested, navigating the court system-from the first appearance to the preliminary inquiry and the final trial-typically takes anywhere from 18 to 30 months. As of May 2026, the courts are highly backlogged, so delays are extremely common.
Frequently Asked Questions (FAQ)
Can I go to jail for just signing my parent’s name if they told me to?
Yes, this is highly illegal. Under Canadian law, a person must physically sign their own will, or if they are physically unable, it must be done under very specific legal directions in front of witnesses. Signing for them to save time is considered forgery, even if they verbally agreed to it.
What happens to the estate while the criminal trial is ongoing?
Usually, the civil probate court will freeze the distribution of the estate’s assets (issue a stay) until the criminal matter is resolved or the validity of the will is firmly established by a civil judge. The disputed funds will remain in a trust account.
Is a fake will considered a summary conviction offence?
Forgery and uttering a forged document are hybrid offences, meaning the Crown can choose to prosecute them either as an indictable offence or as a summary conviction offence. The Criminal Code does not elevate Forgery and Uttering to a straight indictable offence simply because the document is a will. However, any associated fraud involving a will is treated as an indictable offence carrying a maximum penalty of up to 14 years.
Can the witnesses also be charged with a crime?
Yes. If the witnesses knowingly signed a document claiming they saw the deceased sign it, when in fact they did not, they can be charged as accessories to forgery, or with uttering a forged document, and potentially perjury if they swore a false affidavit of execution.
Will the police definitely investigate if I report a fake will?
Not always. The police receive many complaints from angry family members. They will only launch a full criminal investigation if you can provide compelling initial evidence (like glaring signature discrepancies or an outright confession). Otherwise, they may tell you it is a civil matter for probate court.
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