Cost is a big consideration when deciding whether or not to contest a will in Georgia. Although some will contests are brought solely out of principle, most people who challenge a will do so with financial considerations in mind.
Some litigants contest a will under the assumption that the estate will ultimately reimburse their legal expenses, but this is not necessarily the case.
Who Can Contest a Will in Georgia?
Georgia law states that any person who is interested in an estate may contest a will. Interested parties generally include those who would benefit from the will being admitted to probate or denied probate.
Who Pays if a Will is Contested?
If you are contesting a will, you will have to pay your attorneys’ fees and legal expenses up front. The term “expenses” includes large and small expenditures necessary to the litigation such as filing fees and the cost of retaining expert witnesses. In addition, should the court determine there was insufficient basis for your will challenge,, you could be required to reimburse the estate’s or the other litigants’ legal fees and expenses.
In some cases, successful will contestants are awarded reimbursement of their attorneys fees and expenses, but these cases are rare and a litigant should never count on receiving reimbursement.
What are Some Alternatives to Contesting a Will?
It is important to know that most cases eventually settle. With that in mind, it may be more beneficial to you and the other parties to seek alternative resolutions sooner rather than later. Alternative methods include mediation, arbitration, or collaborative law. These methods keep costs lower overall, and avoid some of the emotionally tolling processes of court.
We Handle Will Disputes
Whether you seek to contest a will, or pursue alternative resolution, there are lawyers that are experts in the field. Gaslowitz Frankel LLC aids in both alternative dispute resolution, as well as legal litigation. 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.
