When it comes to estate planning, creating a will is one of the most important steps you can take to ensure that your assets are distributed according to your wishes after you pass away. However, even the best-laid plans can be derailed by disputes over the will, which can lead to legal battles and family feuds. In Georgia, there are several common causes of will disputes that you should be aware of when creating your estate plan.
Augusta Wills and Trusts Lawyer Stephen H. Hagler reviews the top five causes of will disputes in Georgia.
Why Would Someone Dispute a Loved One’s Will?
Emotions and sentimentality run rampant when a death occurs in any family, but this is not always the case with disputed wills. The reasons to question a will are many, but these are the top five reasons we see at Stephen H. Hagler, Attorney at Law, LLC.
- Lack of Capacity: One of the most common reasons for will disputes is when it is alleged that the person who created the will lacked the capacity to do so. This can occur if the person was suffering from a mental illness, was under the influence of drugs or alcohol or did not understand the consequences of their actions.
- Undue Influence: Another common cause of will disputes is when it is alleged that the person who created the will was unduly influenced by someone else. This can occur if the person was coerced or manipulated into making certain decisions, or if someone exerted undue pressure on them to change their will.
- Improper Execution: In Georgia, there are strict requirements for how a will must be executed in order to be considered valid. For example, the will must be signed by the person creating it and witnessed by two witnesses who are not beneficiaries of the will. If these requirements are not met, the will may be challenged on the grounds of improper execution.
- Ambiguity or Confusion: Another cause of will disputes is when the language in the will is unclear or ambiguous. This can lead to confusion or disagreements about what the person intended, which can result in legal battles.
- Disinheritance: Finally, disputes can arise when a person is disinherited from a will. This can occur if the person feels that they were unfairly excluded from the will, or if they believe that the person who created the will was unduly influenced by someone else to disinherit them.
Georgia Will Disputes Attorney
Creating a will is an important step in estate planning, but it is also important to be aware of the common causes of will disputes in Georgia. Working with an experienced estate planning attorney at Stephen H. Haggler, Attorney at Law, can help you avoid mistakes and ambiguities in your will.
If you are involved in a will dispute, Georgia Will Disputes Attorney Stephen H. Hagler can help. Contact our Augusta, GA, office today to schedule a free consultation to discuss your concerns.
Posted on behalf of Stephen H. Hagler, LLC