Will Contests: Incapacity And Undue Influence

Will Contests: Incapacity And Undue Influence

At Teiger Law Center, P.C., we look to provide our clients with the comprehensive and intelligent estate planning instruments they need to ensure their estates are properly managed and final wishes fulfilled. However, even the most well-constructed will or estate plan can fall under scrutiny. As your attorneys, we can help you regardless of whether you the executor or administrator, or a concerned party wishing to call attention to potential incapacity, undue influence or other issues that may affect the administration of your loved one's estate.

Understanding Will Contests And Caveats In Georgia

Let's face it, families, no matter how strong their relationships, can fall into disputes when emotions are running high. After the death of a family member, potential heirs and beneficiaries may feel slighted by the will's provisions or even suspect that foul play on the part of another family member contributed to an unfavorable distribution of wealth and assets.

Common will contests or caveats include:

  • Fraud: Fraud generally means that the testator was misrepresented or deceived when signing the will. As your attorneys, we can help you explore evidence and motives for fraud and determine if there is proof that fraud did indeed occur.
  • Incapacity: To sign a will, the testator must be of sound mind and body. If you believe that the testator suffered from dementia, Alzheimer's or was otherwise unable to make a clear, rational decision regarding his or her affairs, a will may be called into question. Again, it is important to have strong proof to validate your suspicions.
  • Undue influence: If a friend, family member or other interested party coerced or otherwise convinced the testator to include provisions that he or she would have otherwise not included in the will, there may be cause to contest the validity of the will.
  • Existence of a later will: In most cases, a previously drafted will is invalidated by the most recent will.
  • Improper execution of the will: Georgia has strict requirements as to the execution of a will. If you suspect that the will does not conform to the state's requirements, we may be able to help you call it into question.

Whether you have been named the executor or administrator, or are a potential heir, our team of lawyers and professionals at Teiger Law Center, P.C., can provide you with advice and representation.