In Gainesville, Georgia, there is a process through which a person can challenge the validity of a will. This is known as a "contested will" or "will contest."
Occasionally, testators leave out of their wills people who might naturally expect to inherit a significant portion of the testator's estate (spouses and children, for instance). This might lead them to assume, truthfully or not, that the will was some kind of mistake.
If a large amount of money or property is being given away, the person left out of the will could rationally conclude that the cost and time of a court challenge is worth it.
Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause grave and irreversible damage to family relationships.
When Can a Will be Contested in Gainesville, Georgia?
There are several reasons that a court in Gainesville, Georgia might invalidate a will.
For instance, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Thus, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.
Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Essentially, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a legitimate will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.
There are many other facts that might make a will invalid, and therefore serve as grounds to contest a will. If a will is effectively contested in Gainesville, Georgia, and held to be invalid, this usually results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.
Can a Gainesville, Georgia Contested Will Attorney Help?
Contesting a will is often difficult, and never fun. However, the entire process can be made more bearable if you have the help of a qualified Gainesville, Georgia attorney, and the process will probably be much more manageable.