In Georgia, a will may be invalidated if the testator didn’t have the mental capacity to understand the nature of their decisions or was unduly influenced by another person to the extent that their free will was overridden. These two legal grounds – mental incapacity and undue influence – are among the most common reasons families challenge a will in probate court. Georgia courts take these claims seriously, but must consider various factors in determining whether the will is invalid on those grounds.
What is mental incapacity?
Under Georgia law, a testator must have testamentary capacity at the time the will is executed in order for the will to be valid. They must understand:
- What a will is and that they are making one
- The nature and extent of their property
- Who their natural heirs are and how the will affects them
Importantly, Georgia courts recognize that capacity can be fluid. A person may have lucid intervals even if they suffer from dementia or other cognitive impairments. Courts do not automatically assume incapacity due to age, eccentricity orillness. Instead, they look for signs that the testator lacked a “decided and rational desire” regarding the disposition of their property.
What is undue influence?
A will must be executed freely and voluntarily. If someone exerts undue influence sufficient to overpower the testator’s free will, then the will may be invalidated. Georgia law defines undue influence as coercion, deception or manipulation that substitutes another person’s wishes for the testator’s.
Courts consider several factors when evaluating undue influence, including:
- Was there a confidential or fiduciary relationship between the influencer and the testator?
- Was the testator isolated or dependent on the influencer?
- Did the influencer participate in drafting or executing the will?
- Did the influencer receive an unexpected or disproportionate benefit?
Evidence of undue influence is often circumstantial, as these actions typically occur behind closed doors. Courts consider a wide range of evidence, including testimony, medical records, witness statements and patterns of behavior.
How Georgia courts decide these cases
When determining whether undue influence or lack of testamentary capacity occurred, Georgia courts weigh the totality of the circumstances. Generally speaking, the burden of proof lies with the caveator (the party contesting the will). However, that burden may shift to the party defending the will when:
- There is evidence of a confidential or fiduciary relationship between the influencer and the testator.
- The influencer played an active role in the creation of the will.
- The influencer received an unjust, disproportionate or suspicious benefit from the will.
Because these cases are complex and emotionally charged, it’s important to work with a skilled probate litigation attorney. An experienced lawyer can help gather evidence, adhere to court procedures and advocate for a favorable outcome.
