Guidance for Disputes Over Wills & Estates in Georgia
The death of a loved one can become even more difficult when questions arise about the validity of a will. Family members may disagree about whether the document reflects the deceased person’s true wishes, whether the person understood what they were signing, or whether someone improperly influenced the estate plan.
At Hoffman & Associates, our Atlanta will contest attorneys help clients navigate disputes involving wills, probate, estates, fiduciaries, and beneficiaries. We work to identify the legal and financial issues involved, evaluate the available evidence, and help clients understand their options under Georgia law.
Whether you are questioning a will or responding to a challenge, experienced legal guidance can be particularly important when significant family wealth, businesses, trusts, real estate, or complex estate planning arrangements are involved.
Who Can Contest a Will in Georgia?
Not everyone who disagrees with a will necessarily has the legal right to challenge it.
Generally, a person seeking to contest a will must have a legally recognized interest in the estate that could be affected by whether the will is admitted to probate.
Depending on the circumstances, this may include certain heirs or beneficiaries.
Determining whether you have standing to challenge a will should be one of the first issues discussed with an attorney.
What Are Signs That a Will May Need Further Review?
An unexpected inheritance decision does not automatically mean something improper occurred. However, certain circumstances may justify a closer examination of the estate planning process.
Potential concerns can include:
- A significant last-minute change to a will
- Unexpected disinheritance of close family members
- A new beneficiary receiving a substantial portion of the estate
- Significant changes made during serious illness or cognitive decline
- One individual isolating the deceased person from family
- Questions about the person’s mental capacity
- Unexplained signatures or documents
- Multiple conflicting versions of a will
- Concerns regarding witnesses
- Unusual transfers of assets near the end of life
These circumstances do not prove that a will is invalid, but they may warrant further investigation.
What Happens When a Will Is Contested?
A will contest can become part of the probate proceedings involving the estate.
The parties may need to present evidence concerning the validity of the document and the circumstances surrounding its creation or execution.
Evidence may include:
- Estate planning documents
- Prior wills and trusts
- Medical records
- Financial records
- Emails and correspondence
- Witness testimony
- Attorney records
- Statements from family members
- Evidence concerning relationships with beneficiaries
- Expert testimony when appropriate
The specific evidence needed depends on the grounds for the challenge.
What Happens If a Will Is Declared Invalid?
The result depends on the circumstances.
If a contested will is determined to be invalid, an earlier valid will may potentially control the distribution of the probate estate.
If there is no prior valid will, the estate may be distributed according to Georgia intestacy law.
Because invalidating a will can substantially change who inherits the estate, it is important to understand the potential outcome before pursuing a challenge.
How Long Do You Have to Contest a Will in Georgia?
Deadlines and procedural requirements can apply to will contests and probate proceedings.
The appropriate deadline can depend on the type and stage of the proceeding, how notice was provided, and other circumstances.
If you believe there may be grounds to challenge a will—or if you have received notice that a will is being offered for probate—consider speaking with a Georgia probate attorney promptly.
Waiting can affect your available options.
What Should You Do If You Suspect a Will Is Invalid?
If you have concerns about a will, avoid making assumptions based solely on the distribution of the estate.
Instead:
- Preserve relevant documents and communications
- Keep copies of estate planning documents available to you
- Avoid altering or destroying potential evidence
- Document relevant facts while they are still fresh
- Be cautious about distributing estate property
- Speak with an attorney familiar with Georgia probate and estate matters
An attorney can help determine whether the circumstances warrant further investigation.