Frequently Asked Questions and Answers (FAQs)

Atlanta, Will Contest, Disputes, and Litigation Lawyers Who Know the Law of Georgia Will Contests - Skilled Lawyers Who Will Fight Diligently, Aggressively, and Resourcefully to Protect and Promote Your Interests

A Georgia will contest is a legal objection to the validity of a will or certain provisions of a will; this is referred to as a caveat in Georgia. In some circumstances, contesting the validity of a will may be necessary in order to protect your family and preserve your loved one’s estate.

Here are some questions our Atlanta will contest attorneys frequently receive regarding will contest issues:

Who is entitled to contest a will in Atlanta?

In order to contest a will, you must have an interest in the will or some connection to the estate. Interested parties may include the decedent’s heirs and dependents as well as creditors; however, anyone seeking to contest a will in Atlanta must have valid legal grounds for doing so.

What are legal grounds to contest a will in Atlanta?

Some common legal grounds for challenging a will in Atlanta include:

• Incapacity – Individuals must be of “sound mind” when making a will. This basically means that testators must be capable of understanding the will’s intent, have knowledge of their assets, and be able to determine who should receive these assets. Incapacity is a legal ground to contest a will if it can be proven that a testator suffered from mental illness, dementia, or was impaired by drugs or alcohol when the will was executed.


• Spouse and Children's Right to Support : Under Georgia probate law, surviving spouses and minor children are entitled to receive a minimum of 12 months living expenses from the estate of the spouse/parent who died. If the testator left less than this amount or nothing at all, the survivors can petition to receive a “year’s support.”


• Improper will execution – In Atlanta, the courts may declare a will invalid if it is improperly executed. Georgia statutory requirements for a properly executed will include the following: The testator must be at least 14 years old, the will must be in writing and signed by the testator, and two competent witnesses must sign the will.


• Fraud – one may contest a will on the grounds of fraud by proving forgery of the testator’s signature, proving a will has been altered or parts have been omitted. In addition, one may contest a will by showing proof that the testator created or signed the will based upon fraudulent information.


• Undue influence – A will may be challenged in Atlanta if it can be proven that the testator was coerced, under duress, or otherwise unduly influenced by someone else regarding execution of the will.
• Existence of later valid will – If a valid later will is discovered, this generally revokes any prior wills.

What happens when someone contests a will in Atlanta without legal grounds?

Dissatisfaction with the distribution of the decedent’s estate is not in and of itself a valid reason to contest a will in Atlanta or elsewhere in Georgia. You must have a valid legal reason to contest a will. Under Georgia law, the state can penalize anyone who files “false, frivolous, vexatious, or groundless pleadings.” Individuals who file a caveat to probate proceedings without legal grounds may be penalized. This may include dismissal of the will contest and/or assessment of court costs and attorney fees and other legal fees incurred. Therefore, it is important to speak with an experienced Atlanta will contest lawyer to make sure you have sufficient legal grounds before contesting an Atlanta will.

Do I need to hire an attorney in order to contest a will in Atlanta?

Will contests and other estate disputes can be highly complex and it is often difficult to prove legal grounds to challenge a will; therefore, heirs, beneficiaries, executors, and other interested parties should consider hiring a knowledgeable Atlanta will contest lawyer before proceeding. The Atlanta will dispute attorneys at The Adams Law Offices have successfully handled numerous Atlanta estate litigation cases relating to the validity of wills and the distribution of estate assets.

Contact An Exceptional Will Contest Lawyer in Atlanta

The Atlanta will dispute attorneys at The Adams Law Firm have extensive experience with will contests and other will and estate disputes. If you are involved in a will or estate dispute, call the Atlanta will dispute attorneys at The Adams Law Firm today. We are conveniently located at the intersection of Piedmont and Peachtree Roads in Atlanta. Contact us at (404)467-8611 or Toll Free 1-877-412-3267. You can also contact us via our E-Mail Form.