Steiner

The primary focus of this appeal is whether any cause of action can be stated against those who knowingly prepare and offer a forged will for probate.

I.

Plaintiffs and appellants are the heirs of Franz Benno Steiner, deceased, and the administrators of his estate (appellants or American relatives); defendants and respondents are the beneficiaries and executor under the purported will (respondents or German relatives).

On April 1, 1976, the testator, a resident of Marin County, California, died while on vacation in West Germany. Keeping his death secret, the German relatives came to Mill Valley, occupied the decedent’s home and took possession of his personal property and handwriting exemplars. Thereafter, the German relatives forged or caused to be forged a handwritten will under which they were named beneficiaries and offered the will for probate.

One of the first responses of the American relatives was the filing of a will contest. In that action the court sitting without a jury found that the will was a forgery, and denied the petition for probate.

Thereafter, the American relatives brought the present action against the German relatives in two counts. The first,…