The reading of a will should bring closure after the loss of a loved one, but sometimes it opens the door to conflict. The deceased’s final wishes may trigger a legal battle when someone disputes their will. Understanding what steps to take can help you overcome these legal obstacles.
A contested will can complicate the probate process
A will challenge, also known as a will contest, happens when an individual questions the validity of a will due to any of these reasons:
- Lack of testamentary capacity: The testator, or the person who made the will, was not of sound mind.
- Undue influence: Someone pressured the person into making the will.
- Fraud: The testator created the will based on false information.
- Improper execution: There were no legitimate signatures or witnesses in the will.
The law limits the right to dispute a will to specific parties. In most cases, only interested parties, such as those named as beneficiaries or those who would stand to inherit if the will were deemed invalid, can challenge a will.
In Georgia, anyone challenging a will must file a caveat with the probate court within 10 days after receiving notice of the will’s filing for probate. This begins a formal legal process that can take months or even years to resolve.
During the contestation process, the distribution of assets may encounter delays, and the estate may incur additional expenses. The will’s executor has a fiduciary duty to defend the will’s validity, which often requires legal representation.
Obtain legal guidance when defending a will
Contending with a will challenge requires a balanced approach of legal experience from a Georgia probate attorney and emotional intelligence. The goal is not just to win a case but to find a fair resolution that respects the deceased’s intentions and maintains family harmony where possible.