Why would a will be challenged?

On Behalf of | Dec 27, 2021 | Estate Administration And Probate |

Many people in the Cumming area have spent the time to create their estate plan. A will is often part of an estate plan because it allows a person to dictate where they want their assets to go when they die. Most of the time the probate process of settling an estate goes well but sometimes a will can be challenged which makes it difficult for a family.

There are many reasons why a will would be challenged. But first it is important to understand who can actually challenge a will. A will cannot be challenged by just anyone. In Georgia, a will can be challenged by someone who was named in the will, should have been named in the will, or would have received something of value if the testator died without having drafted the will.

The reasons why a will is challenged include:

  • Mental capacity of testator. This is one of the most common reasons a will is challenged.
  • The will challenger will argue that the person who drafted the will lacked mental capacity and would not be able to understand the nature of their family, the amount of property or how their will will distribute their assets.
  • Improperly executed. This is where the will does not follow Georgia law that it be in writing and signed by the testator and signed by two witnesses.
  • Undue influence. A person may challenge a will if they suspect a friend, relative or caregiver forced the testator to create a new will that would benefit them.

A legal professional who is skilled in estate administration can help a family through the probate process. A family is already going through the tough time of dealing with their tremendous loss and an attorney can step in and make sure the deceased’s wishes are followed and the probate process goes smoothly.