Atlanta Will Dispute Attorneys

Deciding to contest a will is never an easy decision and can put already grieving families through unnecessary stress and heartache. Yet there comes a time when contesting the validity of a will is necessary in order to protect your loved one's estate and safeguard your family's future. At The Adams Law Offices, our Atlanta will dispute lawyers understand the difficulties beneficiaries, heirs, and executors face following the death of a loved one. We have successfully handled numerous estate litigation cases relating to the validity of wills and the administration of the estate. Let us protect your interests—call us today at (404) 467-8611 or Toll Free 1-877-412-3267 to learn more about contesting the validity of a will. You can also contact us via our E-Mail Form.

Reasons to Contest a Will in the State of Georgia

While there are many personal reasons for contesting a will, the most common reasons include:

• Undue Influence: Claims of undue influence often arise when a friend or relative of the deceased is believed to have taken advantage of them and coerced them to change their will. If the will is thought to have been drafted or changed while under pressure or any unwarranted influence from another person, then relatives or heirs are able to contest the will's validity.


• Spouse and Children's Right to Support: Georgia law is specific when it comes to surviving spouses and children. If a testator leaves nothing or less than the statutory minimum to a surviving spouse or minor child, then an attorney can petition for a "year's support" under current Georgia law.


• Lack of Testamentary Capacity: If there is determined to be any evidence of Alzheimer's, dementia, alcoholism, drug-impairment, or mental illness at the time the will was executed, then you may be able to contest the will's validity. The testator must be of sound mind when executing a will and must understand the nature of the will and the extent of his property.


• Fraud: A will is simply a document, and just like other documents is subject to fraud. If the will is thought to have been forged, altered, or changed in any way, then the will could be contested. Likewise, if the testator is misled at the time of the will's execution or misinformed in any way, then the will's validity can be contested.


• Breach of Fiduciary Duty: A fiduciary is an executor, administrator, or personal representative who is in charge of an estate. Fiduciaries are entrusted to manage the person's affairs solely for their benefit and not for personal gain. Sadly, many executors or administrators take advantage of this role and act dishonestly. When this happens, a claim for breach of fiduciary duty may arise.


• Improper Will Execution: A will must be signed by two witnesses in order to be considered valid in the State of Georgia. These witnesses must not be beneficiaries, must be competent, and must also view the testator signing the will. In addition, a notary public should also witness the signing of the will.


• Existence of a Later Will: If a later will was executed by the deceased, then all other wills are considered to be invalid. Beneficiaries and heirs can contest the validity of a will if a later will is found.

If you are the beneficiary of a will in Atlanta or the executor of a will that is in contest, it is important to consult an experienced Atlanta wills dispute attorney immediately.

At The Adams Law Offices, our Atlanta wills dispute attorneys understand the complexities surrounding will contests in the State of Georgia. We are also sympathetic to the delicate personal and familial relationships that hang in the balance during this difficult time. Our Atlanta firm has represented clients throughout the United States in a variety of estate litigation matters, including the right to challenge a will's validity. Contact us at (404) 467-8611 or Toll Free 1-877-412-3267 for more information on contesting a will. You can also contact us via our E-Mail Form.