While my practice is in California, and I am most familiar with probate litigation in the California court system, there all probate disputes throughout the world.  Obviously the ones that get written about generally concern the wealth and generally make for an interesting story.  From time-to-time, I like to write about one that I have come across.

The London Daily Mail carried the story earlier this summer of a mistress who accused her lover’s son of forging his father’s will to deprive her of any money from his estate.  Ms. Pat Powell, currently 59 years old,  testified that during their 15 years together, Jimmy Swantson always assured her that she would be provided for upon his death.  Mr. Swantson was 35 years older than Ms. Powell when he died in 2003.

When she discovered that she was not mentioned in his will, she retained solicitors (English attorneys) who discovered that witness signatures were fakes. One of the “witnesses” names was misspelled and his address was incorrect. That “witness”, Peter Coletti, testified that he did not sign the Will.

A second witness testified that he was asked to sign by the decedent’s son even though Mr. Swantson was not present.

While it was alleged by the mistress that the estate was worth 26 million British pounds (approximately $47,500,000), the co-executor of the estate testified that the amount was closer to 2.5 million British pounds (approximately $4,600,000).

In California, even if the Will were found to be a forgery, the mistress would not inherit unless she had proof that he had prepared another Will or Trust because of the laws of intestacy.  In other words, if someone dies without having memorialized their intentions by a Will or Trust, his/her estate is going to be distributed according to the laws of intestate succession.  In California those laws do not provide that a mistress is to receive anything.