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What are valid reasons to challenge a will?

On Behalf of | Feb 13, 2020 | Probate & Estate Litigation |

Georgia law dictates whether a person is able to challenge a will. If you believe you have reason to contest a will, it is important to understand these laws. Today we will take a look at some valid reasons to challenge a will, which is often difficult to do.

Up to 99 percent of wills pass through the probate process unchallenged. This is because most people who wish to contest the will do not have a strong enough case. Some do not have standing in the first place. This is the first thing you need to challenge a will. To have standing, you must prove that you would have benefited from an earlier will. In most cases, the only people who can challenge wills are close relatives. Examples include parents, children or spouses.

You cannot contest a will because you do not like it, either. You must prove that something is wrong. For example, is it forged? Did the creator of the will write it under undue influence? Were they not of sound mind? Was it the most current and up-to-date version of the will? If you have reason to believe someone used persuasion or coercion to change a will, you may have a case. The same goes if you find a more updated will.

Are you curious to learn more about challenging wills? Do you want to read about estate and probate litigation in general? If so, take a look at our web page, linked here. You can read about these issues and use the information to make your choices moving forward.