Wills can stir up many unresolved issues among family members. Upon learning the contents of a will, unhappy beneficiaries may be tempted to contest the will before they understand what a will contest involves. There are many risks involved to contest a will in Georgia and a good litigator will tell you the risks associated with your specific case.
In addition to the emotional cost of contesting a will, potential litigants must consider the financial risks involved. Contesting a will can be quite expensive and ultimate cost often depends on the ground for the contest, the litigiousness of the opposing party, and the evidence needed to prove your case. Given the uncertainty, a potential litigant should seriously consider whether they can afford to contest the will and whether, even if they are successful, they will benefit enough to recoup their litigation expenses.
How Much Does it Cost to Contest a Will in Georgia?
As noted above, the cost of contesting a will is difficult to estimate. Factors that may affect your overall costs include:
Cause for Dispute: Simple claims such as an error in the execution of a will are easy to prove and, as a result, tend to cost less to litigate than other claims. Conversely, a claim of undue influence is witness specific and will likely require more depositions and other means of pretrial discovery. The amount of discovery required to prove a claim correlates positively with the overall cost of litigating that claim.
Contents of the Estate: Even where the pertinent facts are easy to determine, the size or complexity of the estate can increase litigation costs. Simply put, the larger the estate, the more incentive beneficiaries have to join the litigation in favor of the will contestant or the propounder. The cost and complexity of litigation tends to increase based on the number of parties and counsel involved in the case.
Attorney and Expert Fees: Your attorney’s hourly rate will obviously impact the amount it will cost you to litigate a will contest. Depending on your claim, you may also need to separately engage expert witnesses and other litigation experts.
Time and Cost of Litigation: The length of time required to resolve a case is another big factor in the overall cost. A quick settlement – before the parties engage in costly depositions and motions practice significantly reduces the overall litigation costs. Conversely, the many hours of preparation required to take a case to trial will significantly increase your overall attorneys’ fees and expenses.
Given all of these variables, it is not possible to estimate overall litigation costs without understanding the details of your particular case. However, an experienced estate litigator should be able to discuss these variables as they apply to your individual claims and help you decide whether to proceed with a will contest.
What are Some Alternatives to Contesting a Will in Georgia?
Seeking alternative dispute resolution is usually the most economical way to resolve a will dispute. Alternative methods include mediation, where parties come to a public agreement through a neutral third party; arbitration, or private mediation through an arbitrator, or collaborative law. These methods only work with the cooperation of all parties however, and even then, alternative dispute resolution may fail, in which case the parties go back to court to try the case.
We Handle Will Disputes
Whether you know you want to contest a will, or you need some guidance in making your decision, Gaslowitz Frankel LLC can help. When you contact our law office at 404.892.9797, you’ll be in touch with the premier fiduciary litigators for the state of Georgia.
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Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes with over 30 years of experience representing individuals, executors, trustees, and more in complex fiduciary disputes involving wills, estates, and trusts.
