A will should reflect a person’s true wishes, but sometimes, disputes arise over its validity. If you believe a will does not accurately represent the deceased’s intentions, you may have legal grounds to challenge it in Georgia. Understanding the reasons for contesting a will helps you determine the best course of action.
Lack of testamentary capacity
A person creating a will must be of sound mind. If the deceased suffered from dementia, mental illness, or cognitive impairment when signing the will, the law may not recognize it as valid. The challenger must show the testator did not understand the nature of their assets, the people affected by the will, or how the will distributes property. Medical records, witness testimony, and expert opinions provide support for this claim.
Undue influence
If someone pressures or manipulates a person into making changes to their will, that individual may contest it for undue influence. This often happens when a caregiver, family member, or friend exerts excessive control over an elderly or vulnerable person. Sudden changes to a will, exclusion of close relatives, or benefits given to an unexpected individual may indicate undue influence.
Fraud or forgery
A will may face challenges if fraud or forgery played a role in its creation. For example, if someone tricked the testator into signing a document without knowing it was a will, the law considers it fraudulent. Similarly, if someone forged or altered a signature, the will does not hold legal validity. Handwriting analysis, witness statements, and expert testimony help prove fraud or forgery.
Improper execution
Georgia law requires specific formalities for a will to hold legal weight. The testator must sign the will in the presence of at least two witnesses, who must also sign it. If these requirements go unmet, the law may reject the will. Courts may also refuse a will if improper witnessing or questionable circumstances surround the signing.
Resolving disputes in probate court
To contest a will, you must file a petition in probate court. The court reviews evidence and testimony to determine whether the will meets legal standards. If the court finds the will invalid, it may revert to a previous version or distribute assets according to state law.
Challenging a will in Georgia requires a clear understanding of these common grounds and how they apply to your situation.
