Do you want to contest the Will? When a family member or loved one passes away, the best outcome is one that leaves no uncertainty about their final wishes. If you believe that your loved one’s Will did not reflect their wishes, you may be able to contest, or legally challenge, the validity of the Will.
How to Contest a Will
Anyone who has an interest in an estate has the right to contest the Will. In Georgia, an interested party is described as someone who is either a creator of the decedent, an heir of the decedent, a beneficiary of a prior Will. An heir who is left out of a Will may be able to contest it on the grounds that the testator was unaware of their existence, or the testator was under the undue influence of another when they signed the Will.
Generally, a caveat is filed in the probate court where the Will has been offered for probate. The caveator must contest on legal grounds and thereafter prove these grounds in court for their contest to be successful.
In Georgia, a caveator must state the terms of their objection to the Will in the caveat. Depending on the county where the Will contest is pending, the parties are given up to six months to obtain evidence supporting their claims. After this period, known as “discovery,” ends, the probate court can schedule an evidentiary hearing at which the parties present evidence supporting or refuting the claims asserted in the caveat. their challenge of the Will. If the contestor is able to prove the grounds on which the contest stands, their case is won, and, depending on the circumstances, a prior Will can be offered for probate or the decedent will be treated as having died intestate.
Common legal grounds for contesting a Will include scrivenors errors, failure to execute the Will in accordance with legal requirements, a testator who lacked the required mental capacity to make a will, and a testator whose will is the product of undue influence.
Proof that a testator executed a Will after the one offered for probate, or that a Will is the result of fraud or forgery are also grounds for a Will contest.
When to Seek Counsel for Contesting a Will
If you would wish to contest a loved one’s Will, contact counsel as soon as possible. The right attorney can look at your options and ensure that you have the right approach before difficult positions get too far out of hand.
Contesting a Will is challenging and requires experienced counsel who understands the unique dynamics that make every Will dispute different. The attorneys at Gaslowitz Frankel LLC can offer invaluable insight to ensure you receive what you deserve.
Premier Attorneys to Contest a Will in Georgia
The attorneys at Gaslowitz Frankel LLC have handled Will contests, both large and small, successfully for decades. We have the compassion and experience to guide beneficiaries toward understanding their unique situation and making the best decisions to reach their desired outcome. Our team has the expertise to address beneficiary concerns, including the desire to honor the deceased, avoid or minimize 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 help clients achieve their ideal outcome. Fill out our contact form for a free consultation.
