Challenging or Defending a Will in Georgia.

A will can be challenged in Georgia Probate Court on several grounds. The most common are lack of testamentary capacity (the testator did not understand what they were signing), undue influence (another person overpowered the testator's free will), fraud or forgery, and improper execution (the will was not signed or witnessed correctly).

Lack of Testamentary Capacity

Under Georgia law, a testator must understand the nature of a will, the general nature and extent of their property, the natural objects of their bounty (family and loved ones), and the nature of the act of making a will. Dementia, Alzheimer's disease, or other cognitive impairments at the time of signing may support a capacity challenge — but the bar is not low, and medical evidence is essential.

Undue Influence

Undue influence occurs when someone in a position of trust or confidence — a caregiver, family member, or advisor — substitutes their will for the testator's. Red flags include isolation from family, last-minute will changes benefiting the influencer, and a testator who is physically or mentally dependent on the alleged influencer.

Defending the Will

Executors and beneficiaries named in a challenged will have a duty to defend it. GA Law Group represents executors in will contests — gathering evidence of the testator's capacity and intent, working with medical experts, and presenting the defense in Probate Court and, if necessary, on appeal.