Common Reasons Wills Are Challenged in Georgia

A will contest occurs when an interested party challenges the validity of a will during the probate process. In Georgia, wills can be challenged in probate court for specific legal reasons. These disputes often arise when family members believe the will does not reflect the true wishes of the deceased or when there are concerns about how the will was created or executed.

Georgia probate courts take will contests seriously, and the person challenging the will must provide legal grounds supported by evidence. Simply being unhappy with the contents of a will is not enough to invalidate it.

Lack of Testamentary Capacity

One of the most common reasons a will is challenged in Georgia is lack of testamentary capacity. Testamentary capacity refers to the mental ability of the person making the will at the time the will was signed.

To have testamentary capacity in Georgia, the person must generally understand:

• That they are making a will
• The property they own
• The people who would normally inherit from them
• How their property is being distributed

If someone was suffering from advanced dementia, severe illness, or another condition affecting mental capacity when the will was signed, a court may determine the will is invalid.

Undue Influence

Another common reason wills are challenged is undue influence. Undue influence occurs when someone pressures or manipulates a person into changing their will for that person’s benefit.

This often happens in situations involving caregivers, relatives, or other individuals who had significant control over the person making the will. Signs of undue influence may include sudden changes to a will, isolation of the person from family members, or a new will that heavily favors one individual. If a court determines that a will was created under undue influence, the will may be invalidated.

Improper Execution of the Will

Georgia law has specific requirements for how a will must be executed. If these legal formalities are not followed, the will may be challenged and possibly declared invalid.

In Georgia, a valid will generally must:

• Be in writing
• Be signed by the person making the will
• Be witnessed by at least two competent witnesses

If the will was not properly signed or witnessed, the probate court may not accept it as valid.

Fraud or Forgery

Fraud and forgery are also grounds for challenging a will. Fraud may occur if someone deceives a person into signing a will without understanding what it is, or if false information is used to influence the contents of the will. Forgery involves someone falsifying a signature or creating a fake will. If fraud or forgery is proven, the will is typically declared invalid by the probate court.

Contact Our Office for Probate and Will Dispute Assistance

Will contests can be complicated and often involve complex legal and factual issues. Common reasons wills are challenged in Georgia include lack of testamentary capacity, undue influence, improper execution, and fraud. Understanding these issues can help families better prepare for probate and estate planning. If you need assistance with a will dispute or probate matter, the Norcross estate planning attorneys at Bowman Law Firm can help you understand your options and protect your interests. Contact Bowman Law Firm today to discuss your situation.

Source:

law.justia.com/codes/georgia/title-53/chapter-4/article-2/section-53-4-11/