Anyone, including an individual who is not a beneficiary or heir, can challenge a will that has been filed for probate in Georgia. The challenger must submit evidence that the will is invalid in order to successfully overturn its provisions. There are many reasons why people legally contest a will under Georgia law, including these frequently used arguments by attorneys. 

How Wills Are Challenged in Georgia

1. The Will Isn’t Valid Under Georgia Law

Each state has specific guidelines for writing and submitting a will to probate court. Oral wills in Georgia are invalid. Wills in the state must be written by a competent person, or testator, who was no younger than 14 at the time.

While in the presence of the testator, it must also be witnessed and signed by at least two competent people who are also 14 or older. Competency can be determined by the person’s mental state and their capacity to understand oaths.

2. The Will Was Written Under Undue Influence

If an individual believes the testator was pressured into distributing their assets a certain way or that the will was created under false pretenses, they can dispute it. For example, if a person can prove the testator was tricked into signing their will by someone who claimed it was a different document, it can be overturned.

It is not recommended that beneficiaries witness and sign a will; they could be deemed incompetent based on their personal relationship to the testator, and it could suggest undue influence.

3. The Person Was Not of Sound Mind When Writing Their Will 

A person can invalidate a will if they can prove the testator was not competent when the will was written. This does not always mean someone with a diagnosed mental illness or dementia cannot write a valid will. The testator must have the capacity to understand what their assets are, who their family members are, and what their will states. 

The best way to ensure a will is legal and binding is to hire an experienced attorney to guarantee your wishes are carried out. The legal team at Davidson Hopkins & Alexander has helped clients throughout Jackson County, GA, navigate the challenges of probate law for more than 50 years. Call (706) 367-5264 to schedule a consultation with an attorney or visit their website to learn more about their legal services today.