There are many different ways that people challenge wills

| Jul 8, 2021 | Estate Administration And Probate |

There are few guarantees in life for people in Georgia. One of those few guarantees though is that everyone will pass away at some point in time. People may not know when or how they will pass away, but it is inevitable. It is also something that people do not like thinking about even though it is one of the few guarantees in life. It is something that people should plan for though because people are not able bring their possessions with them when they pass away. It is important that the possessions go to the people they want it to go to.

One way to ensure this happens is by drafting a will. This is a legal document which dictates which family members and friends will receive their possessions or which percentages of their estate they will inherit. As these are legal documents that have significant importance, in order to be valid it must meet certain requirements. There may be reasons that family members may believe that they did not receive their fair share of the estate and they may challenge the will in probate based on the fact that they do not meet certain requirements.

Common reasons people challenge wills

There are many reasons that people challenge wills, but some are more common than others.

  • Testamentary capacity – when people create their will they need to be of sound mind. People may challenge the validity if the testator had dementia or was senile at the time they executed the will.
  • Fraud or undue influence – someone else may have forged the person’s signature or pressured them into creating the will.
  • Multiple wills – people may have drafted a previous will or subsequent will that trumps the one being used in probate.
  • Witnesses – wills must have witnesses of a certain age who are not heirs in the will and if it does not then the will could be invalid.

There are many people who have wills in Georgia and they are very important documents. However, if they are not valid or not drafted properly, they could be challenged by friends and family in probate. Experienced attorneys understand the legal challenges to wills and may be able to guide one through the process.