Most people know that a will is a legally binding document that disperses the assets of a deceased individual. However, there are certain cases where you can challenge a will in Georgia. While a will cannot be challenged just because you don’t like what it says, there are legal reasons to challenge a will.
The testator lacked capacity
The testator, or the person who signs the will, has to be mentally capable of understanding the value and the nature of his or her assets. He or she must also be able to logically decide who should inherit those assets and the legal effect of signing a will. If the testator fails to meet any of those requirements, the will is subject to challenge.
Were state laws followed?
Every state has its own laws that dictate how a legally binding will gets signed. For instance, in some states, there must be at least two witnesses in the same room as the testator at the time of signing. Failure to meet these requirements can get a will thrown out.
Procured by fraud
If someone tricks the testator into signing the will, the will was procured by fraud. For instance, if an elderly person is deceived into a signing a document that he or she believes is a deed but is actually a will, then the will becomes inadmissible.
Undue influence
If the testator faced pressure by another party to put anything in the will, or if he or she was not comfortable with its contents or signed the will under duress, then the will is challengeable based on undue influence. Much like the testator has to be mentally capable of preparing and signing the will, he or she must also be the decision maker as to what the will contains.
Anyone who wants to challenge a will should seek legal representation. Finding an attorney who is well-versed in wills and trusts may help in the legal battle that will follow the formal challenge of a will.
