One of the most common questions we get is “How do I contest a Will?” And the simple answer to this question is you must file an objection with the probate court. But the Georgia laws on wills and estates are not easy to navigate on your own, so the correct answer to this question is, “Well it’s complicated.” Once a Will has been filed for probate in Georgia there is a very small window of time that an objection can be filed. The probate laws in Georgia require for all heirs of an estate to receive notice of a Will being filed for probate. Once you have been served notice of the filing of the Will, you must act quickly to file the appropriate documentation to contest the Will in probate court. If you miss this window of opportunity to contest the Will it becomes very difficult to have a Will overturned. This is why it is important to consult with an experience Georgia probate attorney to assist you in effectively contesting a Will.
There are several reasons to contest a Will in Georgia. Some of the most common reasons that we see in our daily practice are incapacity, undue influence, fraud, forgery and mistake. Or it may be a situation where the nominated executor is not someone that is trusted by the heirs or beneficiaries and an alternate choice of Executor is desired by the family. If the only issue with the Will is that the heirs or beneficiaries do not like the nominated executor it may be possible to have the probate court appoint an alternate executor.
Incapacity and undue influence are the most common situations we see when contesting a Will. Incapacity is when the testator (person making the will) did not have enough capacity to understand what they were signing when the Will was executed. We see this issue arise often with people who have family members who suffer from Alzheimer’s disease or dementia. However, under Georgia probate laws the capacity needed to execute a Will is a very low standard. The most common situation that we see when contesting a Will, is when someone convinces the testator to execute a Will that actually says their wishes and not those of the testator. This is called undue influence. There are many ways that someone can exert enough influence over a testator to result in a Will being found invalid by a probate court.
The reasons of contesting a Will such as fraud, mistake, and forgery are not as common, but do occur. Each reason for contesting a Will has several elements that must be met to successfully contest a Will in Georgia. The probate laws in Georgia are based in statutory and common law. In order to fully know all your rights as an heir, beneficiary or creditor of an estate it is vital to consult with a knowledgeable probate attorney. We have helped hundreds of families understand and navigate the probate laws in Georgia. Give us a call today at 770-285-8229 and one of our experience Georgia probate attorneys will discuss all the available options to you and your family.