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Why would a will be challenged?

On Behalf of | Oct 5, 2021 | Probate & Estate Litigation |

When a Georgia resident writes their will, they assume it will be followed after they pass away. Unfortunately, not all wills are cut and dried and there are times when a will may need to be challenged. There are several reasons why a will may be challenged after a person passes away.

A person is not able to challenge a will just because they don’t like it. A will can only be challenged by a family member, beneficiary, creditor, or someone who is an interested party and can show they were named in the will, should have been named in the will or would have received something of value if the person died without a will.

Reasons a will may be challenged in Georgia include:

  • Mental capacity of testator. If the person who drafted the will lacked mental capacity at the time the will was created, it may be challenged.
  • Undue influence. If the testator was forced to create a will based on a trusted friend, relative or caregiver in a way that would benefit them, the will can be challenged.
  • Improperly executed will. If the will does not meet Georgia’s requirements for wills it can be challenged.
  • Forged signatures. If there are fabricated signatures on the document or if the document was modified without the testator’s permission or knowledge it can be challenged.

A legal professional who is skilled in probate litigation can help families who are experience contention around a loved one’s will. They can investigate the circumstances surrounding a will contest and help make sure the true wishes of the deceased are carried out.