Jump To Navigation

Will Contests

Georgia Probate Litigation Attorneys

The attorneys of Aitkens & Aitkens, P.C., have ample experience in resolving disputes over the terms of a will and the administration of a family member's estate. We can assert or defend the interests of any party in a will contest — the estate, a named beneficiary, an excluded heir or an executor accused of impropriety.

Based in Atlanta, we practice in probate courts of northern Georgia and statewide. We commonly represent out-of-state clients who need representation in contested will proceedings in Georgia. Contact our firm today to discuss your situation.

Will Contests

Our knowledgeable attorneys have handled every estate litigation scenario relating to the validity of the will, the character of assets and administration of the estate:

Lack of testamentary capacity — The testator (deceased) was not of sound and disposing mind and memory at the time the will was executed. Was there evidence of Alzheimer's (dementia), a drug-related impairment, mental illness or other reason to doubt that the person knew what he or she was signing?

Undue influence or fraud — Did a child, sibling or friend of the deceased inherit the bulk of the estate or a disproportionate share because of coercion, duress, trickery, fraudulent misrepresentations or outright forgery? In a common scenario, a family member swoops in when the person's health is failing, isolates and convinces the decedent to alter the will in his or her favor or to cut others out completely.

Improper execution — The will is not in compliance with the state's execution and attestation requirements. A will must be signed by competent witnesses in the presence of a notary public. Conflicts arise if any witness is a beneficiary, if heirs are present at signing, or if the "witness" did not observe the execution and actually signed the will after the fact.

Year's support — A minor child or surviving spouse is entitled under Georgia law to a certain portion of the estate. If the testator left these heirs nothing or less than the statutory minimum, we can represent them in a petition for "year's support."

A will contest might also center on the status of assets such as a joint account, missing assets, questionable "gifts" prior to death, or breach of fiduciary duty by the executor/administrator.

Contact Aitkens & Aitkens for strong and sure advocacy, whether you are challenging the will or defending it. Call 877-595-1393 or e-mail us to arrange a consultation.

Contact Us
If you need to speak with an attorney about your case, we are pleased to offer a free consultation. To contact Aitkens & Aitkens P.C. call 877-595-1393, or contact us by e-mail.

Aitkens & Aitkens, P.C., serves clients in Metro Atlanta, north Georgia and statewide, including Alpharetta, Decatur, Marietta, Lawrenceville, Roswell, Rome, Athens, Macon, Augusta, Columbus (Fulton, Cobb, DeKalb, Gwinnett, Forsyth, Cherokee, Paulding, Clayton, and Rockdale counties). We represent clients with probate duties, estate litigation, trust litigation or other legal matters in Georgia.