Heirs may challenge a will’s validity under a few different circumstances. If a will doesn’t reflect the true intentions of the deceased, heirs can take legal action to contest its validity in court.
Proving undue influence
Undue influence occurs when someone pressures or manipulates the testator. To prove undue influence, heirs need to demonstrate that the influencer had a close relationship with the testator and took advantage of that. A key sign includes sudden changes to the will that benefit one individual, especially if that person controlled or isolated the testator. Gathering evidence that shows manipulation is crucial for building a strong case.
Challenging a will based on fraud
Fraud occurs when someone deceives the testator into signing a will under false pretenses. This can involve lying about the contents of the will or misleading the testator. Heirs challenging a will on the grounds of fraud must show that someone tricked the testator into signing a document that did not reflect their true intentions. Testimony from individuals present at the signing or evidence of alterations made to the will can support a fraud claim.
The legal process for contesting a will
To challenge a will, heirs must file a petition in probate court. During the proceedings, the court reviews the evidence and decides whether to uphold or invalidate the will. If the court proves undue influence or fraud, they may enforce a prior version of the will. Alternatively, they may distribute the estate according to Georgia’s intestacy laws.
Protect your inheritance rights
Challenging a will with probate or estate litigation requires a strong legal strategy and evidence. It’s important to understand the legal process and gather the necessary proof. This can help ensure that individuals respect the true intentions of the deceased.
