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Deciding whether to contest a will in Georgia

On Behalf of | Nov 29, 2023 | Probate & Estate Litigation |

According to AARP, approximately 24% of people between the ages of 18 and 24 have a will, 27% of people between 25 and 54 have a will and 45% of people over 55 have a will. Dealing with the loss of a loved one in Georgia can be an emotionally challenging time, and the situation can become even more complex if there are concerns about the validity of their will. Contesting a will means challenging its legality and the intentions of the deceased when they made it. You should not make this decision lightly, as it can lead to lengthy legal processes and can strain family relationships.

If you are considering contesting a loved one’s will in Georgia, understanding the reasons for doing so and the implications it may have is important.

Valid reasons for contesting a will

There are specific grounds on which you can contest a will in Georgia. These include a lack of testamentary capacity, meaning the deceased was not mentally capable of understanding what they were doing when they made the will. Another reason is undue influence, where you believe someone coerced or manipulated your loved one into making the will in a certain way. You can also contest a will if you suspect fraud or if there are issues with how your loved one executed the will, such as not being properly witnessed.

Consider the emotional and financial costs

Contesting a will can be emotionally taxing and financially costly. It often leads to legal battles that can last for months or even years. Consider whether the potential outcome is worth the emotional and financial cost involved.

The impact on family relationships

It is also important to consider the impact on family relationships. Contesting a will can create or deepen rifts within families. It is important to weigh the potential benefits against the possibility of long-term damage to relationships with other family members.

Deciding to contest a loved one’s will in Georgia is a significant and complex decision. Carefully consider all aspects and consequences before moving forward.