When a family member or loved one passes away, it is important that there is no uncertainty about their final wishes.
If you believe your deceased loved one’s will was not up-to-date and contradicts their most current wishes, you should take a closer look at whether the will is valid.
If you believe that your loved one’s will did not reflect their most current wishes, you may be able to contest, or legally challenge, the validity of the will in probate.
Some of the common legal objections include:
- Absence of Necessary Formalities
- Lack of Capacity of the Deceased
- Fraudulent Signing Circumstances
- Undue Influence
- Forgery
In Georgia, there are statutes of limitations for contesting a will, but common form probate gives the parties involved four years from the date the will is admitted to request solemn form probate and object to the validity of the will.
Here are the steps you should take when you are unsure of the validity of your loved one’s will:
Determine Whether or Not You Can Contest
If you are not a family member, a creditor, or have never been designated as a beneficiary in any version of the will, it is unlikely that you will be able to contest.
Draft a Caveat and Provide Evidence
A caveat is a written document that legally challenges the validity of a will. To make a successful argument, you should gather evidence to prove that the deceased was not of sound mind, that the will is a product of fraud, or whatever other basis you assert for contesting the will.
Act Fast
If you feel the executor of your loved one’s estate is engaging in misconduct, you suspect that a will was created when your loved one was mentally incompetent or was under pressure by a party seeking to benefit, or you believe you have been wrongfully left out of a will, you should seek guidance from an attorney.
Contact our experienced attorneys to schedule a consultation today.
Gaslowitz Frankel LLC is Georgia’s premier fiduciary litigation law firm. The firm has earned a reputation for excellence across Georgia and the Southeast in providing representation to individuals, executors, trustees, investors, shareholders, and financial institutions in complex fiduciary disputes involving wills, estates, trusts, guardianships, conservatorships, businesses, and securities.
