Will disputes in Georgia are not uncommon. Wills can do incomparable good for the family of the decedent by providing security and a legacy. However, wills often benefit a cast of people with different points of view, motivations, personalities, and goals. When disputes arise between beneficiaries, a Will can rapidly go from providing peace of mind to inflicting an emotional and mental strain on the disputing parties.
Disputing a Will is challenging and requires counsel that is passionate, authoritative, and understanding of the unique dynamics that make each Will dispute different. The contested Will lawyers at Gaslowitz Frankel LLC offer invaluable insight to ensure you receive what you deserve. With us, you always have a home court advantage in the courtroom.
Common Cause for Will Disputes
Divorce: While divorce may legally dissolve a marriage, an ex-spouse may sometimes retain legal and financial ties to their former spouse or may continue to be the beneficiary of their Will. Divorcees must remain vigilant in updating their Will in the midst of, as well as after a divorce. Typically, unless otherwise specified, a divorce will dissolve an ex-spouse’s provision in a Will, while all other provisions remain in effect. However, there are a few scenarios where ex-spouses can be a beneficiary after divorce under Georgia law, such as if the Will was made or redrafted after finalizing the divorce. An ex-spouses who is reinstated as a beneficiary after divorce may have a right to contest a Will.
Lack of Capacity or Undue Influence: A testator must have testamentary capacity, and not be unduly influenced to create a valid Will. This requires the testator to be of sound mind, understand the extent of their property, know who their natural beneficiaries are, and realize they are making a disposition of their property. If the testator was subjected to such overwhelming influence by another that they made a disposition of estate property they otherwise would not have made, an interested party might be able to contest the Will.
Lack of Execution Formalities or Fraud: The State of Georgia has strict execution formalities regarding the creation and legalization of a Will, and a will that is not executed correctly is invalid. The document must be signed in the presence of two witnesses who are not beneficiaries of the Will and the testator must also be able to see the two witnesses sign the will. If the testator relied on a fraudulent misrepresentation to sign the Will , this could also be grounds to contest the Will.
Premier Contested Will Lawyers for Atlanta
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 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 time in court, alleviate stress and bitterment, and to make the best decisions for themselves and their families. Gaslowitz Frankel LLC has the passion and authority required to deliver clients with their ideal outcome. Fill out our contact form for a free consultation.
