There are numerous reasons an interested party might file a caveat related to the Will of a relative or loved one. A successful Will contest generally requires substantial evidence of lack of capacity or wrongdoing. The evidence needed depends on the basis for the caveat.
If you want to contest Will, an experienced attorney in Will and estate litigation can assist you in building a case to prove your caveat.
The attorneys at Gaslowitz Frankel LLC are the premier estate and litigation attorneys in the state of Georgia, with many attorneys honored by being listed on the Georgia Super Lawyers® and The Best Lawyers in America® lists. We are intimately familiar with the various basis for contesting a Will and the evidence necessary to prove each.
Common Evidence Needed to Contest a Will
It is not uncommon for Will contestants to initiate litigation based only on their emotions and personal beliefs. After all, Wills are meant to reflect the wishes and intentions of the testator and if a beneficiary feels that a Will does not align with what they knew about the testator, they may decide to file a caveat, even without evidence supporting their belief.
It is crucial for caveators to consult an estate and litigation attorney as soon as possible to begin building a case. The type of evidence needed in a Will contest depends on the grounds on which the caveat is based.
Related Article: 3 Common Reasons to Contest a Will in Georgia
Undue Influence
If a caveator believes the testator was unduly influenced by another in creating the Will, the caveator will need to prove that the testator was subjected to another’s overwhelming influence and that the manner in which the influence was exerted was wrongful. This type of challenge is usually difficult to prove due as it relies largely on circumstantial evidence.
Certain evidence attorneys may seek include:
- Correspondences
- Evidence of ill intent from the accused influencer
- Record of testator intent
Lack of Capacity
If a testator lacked the necessary mental capacity to create a Will, a caveator must prove that fact to succeed in challenging the Will. Lack of testator capacity can happen for many reasons, whether due to mental illness, dementia, or inebriation.
The evidence necessary to prove a testator lacked capacity will depend on the reason for the incapacity but may include, among other types of evidence:
- Medical documents
- Mental health evaluations
- Records of intoxication or substance abuse
- Witness testimonies
Fraud
To dispute a fraudulent Will, a caveator must provide solid evidence. A Will might be invalid due to fraud if the testator’s signature was forged, or if the testator signed under false pretenses, or was otherwise misled regarding the Will. Evidence of fraud may include:
- Handwriting evaluations
- Forgery expertise
- Witness testimonies
- Correspondences
Executive Issues
Georgia requirements for a valid Will execution are simple but strict. Wills must be in writing, signed by the testator in the presence of the witnesses, and signed by two competent witnesses in the presence of the testator. If a will is not validly executed, it cannot be admitted to probate. Evidence needed for a caveat asserting invalid execution includes:
- Testimony that the witnesses did not see the testator sign the document
- Testimony that the testator did not see the witnesses sign the document
- Evidence that a witness signature was forged
Currentness of Will
Only the most current, valid Will of a testator may be admitted to probate. Therefore, if a caveator suspects that a more current Will exists, it may be grounds to void the Will or have probate set aside.
Evidence needed to prove this claim includes:
- A properly executed Will that is more current than the one offered for probate
- Proof that the testator was competent to execute the more current will
- Evidence that the testator was not unduly influenced to execute the more current will
The Premier Estate and Will Litigation Attorneys in Georgia
We have the compassion and experience to guide beneficiaries toward understanding their unique situation and toward making the best decisions that optimize their outcomes. Our team has the expertise to address concerns beneficiaries have during the litigation process, including the desire to honor the deceased, avoid or minimize the time in court, alleviate stress, and make the best decisions for themselves and their families. Gaslowitz Frankel LLC has the passion and authority required to deliver clients with their ideal outcomes.
Fill out our contact form for a free consultation.
