Losing a loved one is never easy, and matters can become even more difficult when there are concerns about the validity of their will. In Georgia, contesting a will is a legal process that allows an interested party to challenge the document’s legitimacy. At The Wright Legal Group, we help individuals understand their rights and navigate will contests with care and precision.

Who Can Contest a Will in Georgia?

Under Georgia law, only “interested parties” may contest a will. This includes:

• Beneficiaries named in the current or previous will
• Heirs under Georgia’s intestate succession laws (typically family members)
• Creditors in some circumstances

To contest a will, one must have legal standing and a valid reason, or “grounds,” under state law.

Common Legal Grounds for Contesting a Will

1. Lack of Testamentary Capacity
   A person must be of sound mind when creating a will. If the testator (the person making the will) did not understand the extent of their property, who their heirs were, or the effect of signing the will, the document may be deemed invalid.
2. Undue Influence
   If someone exerted pressure that overpowered the testator’s free will—such as manipulating an elderly or vulnerable individual into changing their will—that may be grounds for contest.
3. Fraud or Forgery
   A will may be contested if it was signed based on false information or if the signature or contents were forged.
4. Improper Execution
   Georgia requires specific formalities for a will to be valid: it must be in writing, signed by the testator, and witnessed by at least two competent individuals. A will that doesn’t meet these requirements may be declared invalid.
5. Revocation
   If a newer valid will exists or if the original will was revoked by the testator (through destruction or written declaration), the contested will may no longer be enforceable.

When Should You Act?

In Georgia, the deadline to contest a will depends on whether the will has already been probated. Generally, a caveat (formal objection) must be filed before or shortly after probate begins. Acting quickly is essential.

How The Wright Legal Group Can Help

Contesting a will involves sensitive family dynamics and complex legal procedures. At The Wright Legal Group, we provide guidance rooted in Georgia probate law to help protect your interests and your loved one’s legacy. Whether you're an heir with concerns or a beneficiary facing a challenge, we can assist.