When a loved one passes away, the last thing you want to worry about is a potentially invalid will. But what if you suspect that the will does not reflect their true wishes? What if you suspect undue influence that may have affected the will’s contents? Can you contest it?
Can I contest a will through undue influence or lack of capacity?
You can contest a will if you believe the person who made the will was unduly influenced or could not make informed decisions. The law states that a testator must be “of sound mind and disposing memory” to create a valid will. You may have grounds to contest the will if you suspect someone exerted undue influence over the testator or if the testator was not of sound mind.
Some common signs of undue influence include:
- People isolated the testator
- The testator showed signs of dependence on an influencer
- The influencer showed heavy influence on the testator’s decisions
If you suspect undue influence or lack of capacity, act quickly, as Georgia sets the statute of limitations for contesting a will six months from the date of probate.
What are the next steps in contesting a will?
Contesting a will can be time-consuming and complex. You must understand the legal procedures and deadlines involved. If you are considering contesting a will, carefully review the will and gather evidence to support your claim. You can build a strong case by reviewing the will’s language, interviewing witnesses and collecting documents. However, proper guidance is the best way to ensure you can express your concerns and respect the testator’s true wishes.
Remember, contesting a will requires a thorough understanding of Georgia probate law and procedure. It’s best to seek guidance from a legal background who is familiar with the process if you are unsure about the next steps.