Will Contest Attorney in Northeast 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 or other cognitive impairment at the time of signing may support a capacity challenge, but the standard is demanding and medical evidence is essential.

Undue Influence

Undue influence occurs when someone in a position of trust, such as a caregiver, family member, or advisor, substitutes their wishes 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

An executor is generally expected to defend the will. We represent executors and beneficiaries in will contests by 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.