Contested Wills in Savannah, Georgia

Find the right Contested Wills attorney in Savannah, GA

In Savannah, Georgia, there is a procedure through which a person can challenge the validity of a will. This is known as a "contested will" or "will contest."

Sometimes, 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 example). 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 reasonably conclude that the cost and time of a court challenge is worth it.

Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, especially if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Obviously, this is something to consider.

When Can a Will be Contested in Savannah, Georgia?

There are several reasons that a Savannah, Georgia court might hold a will to be invalid.

For example, 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. Therefore, 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.

A will can also be rejected because the decedent was not mentally competent to draft it at the it was made. A court will look at the person's mental capacity at the time the will was made, so even if the testator is now perfectly sane, if he or she was incapacitated for whatever reason (by way of intoxication, for example) at the time the will was made, the will can still be invalidated.

If the contest is successful, a court in Savannah, Georgia might find the will or part of it invalid. Of course, that leaves the question of how to distribute the property in the absence of a valid will. All states have laws that address this situation, usually passing the property to the decedent's closest living kin. All states have laws governing the order in which property is passed on in this manner. Typically, it goes to the spouse first. If there is no living spouse, it goes to the children. If there are no children, it goes to the decedent's parents, and so on. Most laws on this subject are written in such a way that almost everyone will have at least one relative entitled to inherit, even if that person is very distantly related to the decedent. In the very rare case where no living relatives exist, or none can be found, the decedent's assets usually go to the state.

Can a Savannah, Georgia Contested Will Attorney Help?

Because a will contest can sometimes involve perplexing legal and factual questions, as well as some very raw emotions, a skilled Savannah, Georgia attorney can be invaluable in helping this process go as smoothly as possible.

Talk to a Wills, Trusts and Estates Law Attorney now!

Life in Savannah

Savannah, Georgia is the county seat for Chatham County. It is the largest city in the county and was Georgia's original state capital. Savannah is also an important industrial hub and a functional Atlantic seaport.

Savannah is internationally known for being a model of "Southern hospitality and charm". The city's culture, architecture, and history have earned it the nickname of "Hostess City of the South". The nickname is a reference to the warm and cordial atmosphere of the city and its residents. In particular, Savannah's cozy downtown area attracts many visitors and is one of the U.S.' largest National Historic Landmarks.

Music plays a major role in Savannah culture. Year-round, the city hosts several music festivals, such as the annual Savannah Jazz Festival and the Savannah Music Festival. Several rock bands had their start in Savannah. The Savannah Civic Center also hosts concerts and features over 900 different events every year. Savannah, Georgia is frequently mentioned in popular films, television shows, and in literature.

Lawyers in Savannah, Georgia practice in many areas of law in order to meet the diverse needs of the community. Many Savannah lawyers are part of the Savannah Bar Association and other local and voluntary bar organizations

Clients Rate LegalMatch Attorneys
(click to read reviews)

Regel B.
Regel B.

Wills, Trusts and Estates

Caldwell, LA

Brad M.
Brad M.

Wills, Trusts and Estates

Sussex, NJ

David L.
David L.

Wills, Trusts and Estates

Ashland, OH

Gotham Light