Losing a loved one is never easy, and the process of settling their estate can make your grief even harder. As your family goes through estate administration, you may find cause to question the will’s validity. In Georgia, anyone with a reason to believe a will does not represent the testator’s true intentions can contest it.
Lack of testamentary capacity
A valid will only holds up if the “testator,” or the person creating it, had the mental clarity to make informed decisions. This means they must have understood:
- The purpose of a will
- The full scope of assets and property
- Who should naturally inherit
- The division of assets
If your loved one was suffering from conditions such as dementia or cognitive impairment, you may have reasonable grounds to question the will’s content. Medical records and witness accounts often play a key role in clarifying this.
Undue influence
In some cases, vulnerable individuals may be influenced to make decisions that benefit another person. Influencers often hold positions of trust, such as caregivers, close relatives or advisors. Try to recall who was around your loved one in their final years, particularly those who were with them alone or had access over their finances.
If you have noticed sudden changes in beneficiaries or decisions in the will that contradict the testator’s past wishes can be a sign of undue influence.
Improper execution
Georgia law requires specific steps to make a will legally binding. Typically, a will must be:
- In writing
- Signed by the testator (or at the testator’s direction)
- Witnessed by at least two competent individuals
Because estate law has strict rules, even a small oversight can lead to disputes or delays in distributing assets. Since estate procedures can be complex, seeking legal counsel can help you clarify whether execution errors exist.
Fraud or forgery
You can also challenge a will if someone intentionally misled the testator, tricked them into signing or forged a signature. However, proving fraud or forgery usually requires strong evidence, such as handwriting analysis or documentation of deceptive behavior.
Legal counsel can help investigate the circumstances surrounding the will’s creation and obtain an analysis on your behalf.
Discovery of a newer will
Conflicts occur when multiple versions of a will surface. The testator may have created a more recent will that replaces an older one being presented for probate.
Protecting your loved one’s wishes
If you become aware of a newer version of the will, bring it to the court’s attention immediately. The more recent document typically takes precedence over earlier versions. Presenting it promptly can prevent the court from probating the wrong will.
