In inheritance disputes, determining the authenticity of a deceased person’s handwriting and signature is often the deciding factor in a will’s legal validity. Many cases have been prolonged or deadlocked simply because there was insufficient evidence to prove whether the testator actually created the will. Handwriting and signature examination provides the Court with objective evidence to make fair judgments, protecting the testator’s true intent and the legitimate rights of all parties.

Judgment No. 14/2017/DSST of the People’s Court of Cam Khe District, Phu Tho Province is a typical example where the dispute centered on verifying the deceased’s handwriting and signature. This article analyzes the case from the perspective of handwriting examination, clarifies current legal regulations, and provides practical recommendations for plaintiffs in similar inheritance disputes.

1. Case Summary

Judgment No. 14/2017/DSST, dated September 28, 2017, of the People’s Court of Cam Khe District, Phu Tho Province, concerns an inheritance dispute. The plaintiff is Mrs. Hoang Thi H, the defendant is Mr. Hoang Tuyet H, and the related parties are the children of Mrs. H and Mr. Hoang Minh X.

Mrs. H and Mr. X married around 1960 and had four children. Their common property included land use rights for plot No. 76, map sheet No. 18 in Hamlet 2, S Town, Cam Khe District—967.4 m² total, with 200 m² residential land and the remainder garden land, plus houses, auxiliary structures, and other assets valued by the Appraisal Council. On August 10, 2015, Mr. X wrote a joint will with his wife stating that if he died first, Mrs. H would manage all property, and after her death, the entire estate would go to their son Hoang Hong H1. The will was neither notarized nor certified because Mr. X was hospitalized at the time.

After Mr. X died on January 12, 2016, Mrs. H announced the will. The children, including Mr. Hoang Tuyet H and two others, objected, claiming Mr. X did not write or sign the will himself. Mrs. H requested the Court recognize the will’s legality and divide the property. The defendants argued the property should be kept for worship, refusing division or accepting only legal division while rejecting the will’s validity. Notably, the defendants claimed the handwriting and signature were not Mr. X’s but provided no evidence.

The Court determined the joint will was legal. At the time of writing, all parties admitted Mr. X was lucid, fully capable of civil acts, and not under coercion. Based on forensic examination by the Criminal Technical Department of Phu Tho Provincial Police, the Court confirmed that Mr. X’s signature and handwriting matched his signature and handwriting on earlier administrative documents. The Court accepted the plaintiff’s request, recognized the will’s legal validity, rejected the defendants’ property division request, and applied regulations on court fees.

Beyond the will’s form and content, the dispute focused on authenticating the deceased’s handwriting and signature, requiring the Court to request examination to ensure objectivity and fairness.

2. Analysis of Handwriting and Signature Examination

Inheritance disputes arising from doubts about a will’s legality often revolve around three factors: the testator’s capacity for civil acts, the document’s content and form, and signs of forged handwriting or signature. When the defendants claimed the will was not made by Mr. X and the handwriting and signature were not his, examination became crucial to verify the truth.

2.1. Examination Process and Results

After the parties requested examination, the Trial Panel collected the original will dated August 10, 2015, along with Mr. X’s previous handwriting and signatures. These documents were sent to the Criminal Technical Department of Phu Tho Provincial Police.

The examination clearly stated: “The signature in the form of the letter ‘X’ and the words Hoang Minh X on the will and the comparative documents were made by the same person.” The verification method included:

• Analyzing the unique and stable characteristics of handwriting and signature between the examined document and comparative samples with identified origin and creation time.
• Comparing administrative documents made by Mr. X for various purposes at different times to ensure handwriting and signature stability and exclude copying or forgery.
• Objective inspection by Criminal Technical Department experts using handwriting recognition equipment.

Based on this conclusion, the Court found the opposing parties provided no counter-evidence. The will was confirmed legally valid in both form and content.

2.2. Role of the Examination Conclusion

The handwriting and signature examination played a decisive role. Beyond mental health evidence and witness testimony, the examination result was the most objective and convincing evidence for the Trial Panel. The conclusion established authenticity, excluded forgery, and protected the deceased’s true intent.

Similar cases show that when examined documents lack sufficient or reliable comparative samples, the examination result may be “insufficient basis for conclusion,” causing difficulties in adjudication or prolonging proceedings.

The examination succeeded largely because comparative evidence was fully collected. Many inheritance disputes have been suspended, prolonged, or annulled due to lack of standard signatures or handwriting samples for comparison, making it impossible to prove or refute forgery suspicions. Judicial practice recommends that parties proactively preserve and legalize administrative documents with the deceased’s handwriting and signature to prevent future disputes.

3. Current Legal Regulations on Handwriting and Signature Examination

3.1. Legal Basis

Handwriting and signature examination in will disputes in Vietnam is governed by the 2015 Civil Procedure Code (CPC), the 2012 Law on Judicial Expertise (amended in 2020), and decrees and circulars guiding organizations and individuals authorized to conduct expertise.

• Civil Procedure Code 2015 (CPC): Provides the right to request examination, examination procedures, and the right of parties to request examination themselves if the Court refuses. It regulates handling of evidence alleged to be forged. The Court may decide on examination when authenticity is in doubt and may request additional or re-examination when conclusions are incomplete, unclear, or show signs of legal violation.
• Law on Judicial Expertise 2012 (amended 2020): Details how to request examination, required documents, rights and obligations of experts, principles and time limits for implementation, and cases for additional or repeated examination when conclusions are unclear or believed inaccurate.
• Decree 85/2013/ND-CP (amended by Decree 157/2020/ND-CP): Guides organizations and individuals authorized to conduct judicial expertise on handwriting and signatures.

3.2. Rights and Procedures for Requesting Examination

Under Article 102 CPC 2015, parties may request examination when there are grounds to doubt the authenticity of handwriting or signatures in documents used as evidence (wills, contracts, etc.). If the Court refuses examination, parties may directly request examination at appropriate professional organizations. The procedure includes:

• Application for examination, clearly stating the purpose, content, subject of examination, related documents, date, and requested time for results.
• Submitting the dossier to a competent judicial expertise organization.
• Waiting for handover of the examination subject and receiving a handover record.
• Receiving the examination result.

The time limit for judicial expertise is usually no more than three months (may be extended to four months for complicated cases).

3.3. Organizations Conducting Handwriting and Signature Examination in Vietnam

• Non-public organizations: Licensed to conduct expertise in criminal techniques, document examination, handwriting, and traces.
• Judicial experts and ad hoc judicial experts: Individuals with high professional qualifications, recognized and appointed by the State to perform specific cases.

The choice of organization depends on the case’s nature, professional requirements (such as ink age examination or document substance), geographical factors, and related evidence.

3.4. Dossier, Comparative Samples, and Sampling Principles

The accuracy of examination results depends directly on the quality and legality of comparative samples provided.

Comparative samples must have a clear origin, proving with certainty they were created by the person being examined. Documents such as identity papers, contracts, and petitions certified by state agencies are considered reliable. These samples must be made under normal conditions—when the writer was not coerced or in abnormal health or mental condition. The sample must have a legal basis or witnesses proving it truly belonged to the deceased.

When taking samples, several principles must be followed. First, provide sufficient number and diversity, including many handwriting or signature samples from different times to reflect stability and natural variation. Second, samples must be similar in content—if examining a signature, the comparative sample must also be a signature, not ordinary handwriting. Third, samples need to be made under objective conditions similar to the examined document, such as the same paper type or writing style. Finally, samples must be intact and unaltered, avoiding erasure or forgery.

In practice, without standard comparative samples, the examination result often becomes “insufficient basis to determine handwriting/signature.” This prevents the Court from relying on examination to recognize or reject the will, disadvantaging parties and possibly prolonging proceedings. Preparing full and lawful comparative samples is essential to protect the plaintiff’s rights.

4. Recommendations and Notes for Plaintiffs

4.1. Collecting and Preserving Handwriting and Signature Evidence

Plaintiffs or family members should proactively:

• Store and keep copies of administrative papers, petitions, contracts, registrations, voter cards, medical records, labor contracts, and declarations containing the deceased’s handwriting and signature, avoiding loss or destruction.
• When necessary, contact administrative agencies or organizations where the testator previously worked or lived to request extracts, certifications, or copies of old documents for comparison.

Many cases have been deadlocked simply because not enough signature samples were found, forcing the Court to suspend proceedings or reject claims of forged wills.

4.2. Procedures for Requesting Examination

• Prepare a complete dossier including the application form, original document to be examined, comparative samples, and papers proving rights and related interests.
• When suspecting or detecting signs of forgery in the will (signature, fingerprint, content, form), submit the request directly to the Court and actively cooperate to request early examination.
• If the Court refuses examination, proactively submit the dossier directly to professional organizations and submit the result to the Court before the first-instance trial decision.

4.3. Notes in Preparing for Inheritance Disputes

• Adhere to legal conditions of the will: The testator must be lucid, voluntary, and not coerced. Content must not violate law or social ethics. Form must be valid (a handwritten will must be written and signed by the testator, except where otherwise provided by law).
• Don’t overlook heirs entitled regardless of the will’s content: Carefully verify the status of all persons with inheritance rights.
• Always proactively seek legal support: Lawyers specializing in inheritance or civil procedure can advise on legal procedures and support strategies to protect rights in Court.
• Consider reconciliation: Reconciliation can help achieve consensus, avoiding prolonged litigation costs, family rifts, and negative impacts on the estate.
• Comply with deadlines for providing evidence: Avoid rejected requests or lost examination rights due to exceeding evidence time limits.
• Choose specialized, public judicial expertise organizations in criminal techniques or forensic science:Choosing the right specialized organization ensures the quality and legal value of examination conclusions.

4.4. Handling Forged Wills

If someone has forged a will (forged signature, altered content, coerced the testator), the plaintiff should:

• Submit a request for examination and request competent authorities to handle it.
• Such acts may be administratively sanctioned or criminally prosecuted for fraud to appropriate property or forging documents and seals. Those involved in forging wills may be disqualified from inheritance.
• Proactively cooperate with investigative agencies if there are signs of crimes related to forging documents concerning wills.

Conclusion

Handwriting and signature examination in inheritance disputes is the key factor in determining a will’s legality. In Judgment No. 14/2017/DSST, the Criminal Technical Department of Phu Tho Provincial Police’s conclusion became objective evidence, helping the Court affirm the handwriting and signature indeed belonged to the testator. When sufficient lawful and clear comparative samples exist, examination can eliminate forgery suspicions, protect the testator’s true intent, and provide a solid basis for the Court’s judgment.

However, practice shows that without standard comparative samples, examination results often become “insufficient basis for conclusion,” disadvantaging parties and prolonging proceedings. Preparing and preserving documents with the deceased’s handwriting and signature, as well as choosing the right specialized, public judicial expertise organization, is essential to ensure the quality and legal value of examination conclusions. This is key to resolving inheritance disputes fairly, transparently, and effectively.

Professional Testament Drafting and Inheritance Dispute Resolution Services

Harley Miller Law Firm provides professional services in drafting, reviewing testaments and resolving inheritance disputes, ensuring that the testator’s wishes are clearly expressed while effectively preventing and handling potential conflicts. With a team of highly experienced lawyers in civil and inheritance law, we are committed to delivering comprehensive legal solutions in compliance with Vietnamese law and international practices.

Our services include:

• Testament drafting and review: Advising on the appropriate form of testament (notarized, certified, or with witnesses), drafting clear and legally sound content, and minimizing risks of invalidity.
• Consultation and dispute prevention: Anticipating potential conflicts (heirs refusing inheritance, debt obligations, division of joint and separate property) and providing preventive solutions.
• Inheritance dispute resolution: Representing clients in negotiations, mediation, or litigation before the Court to protect their legitimate rights and interests.
• Estate management and distribution: Assisting with procedures for estate declaration, division, and determination of heirs’ rights and obligations.
• Testament storage and preservation: Advising on safe storage of the original testament, preparing certified copies, or depositing it with a notarial practice organization to ensure legal security.

Contact us for consultation and to receive free testament templates, guidance on notarization/certification procedures, and effective solutions for preventing and resolving inheritance disputes.

• Email: [email protected]
• Web: hmlf.vn
• Hotline: 0937215585
• Address: 14th Floor, HM Town Building, 412 Nguyen Thi Minh Khai Street, Ho Chi Minh City