Learn Important Probate Essentials, including key things that go wrong in an estate, how to prevent them, and what to do if they happen.
What happens if it is discovered that the deceased had dementia when the Will was created? Does that mean that the Will is automatically invalid or that the Probate Court will not accept it? We will discuss these questions in this post.
My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group. At our firm we help families who have lost a loved one navigate the complex and confusing legal process so they can make sure the estate is handled properly and their loved one’s memory is honored. Everything discussed in this video is for general information and is not legal advice – for specific information about your situation, please go here to request a complimentary consultation with one of our inheritance lawyers.
Concerns about the deceased’s mental state when the Will was created are very common in probate situations. That is especially true when a new Will was created shortly before death that radically changes an older Will or disproportionately favors one person over others. When those events happen, anyone can become suspicious.
Under Georgia law, the fact that the deceased had dementia or was in a weakened mental state does not automatically invalidate the Will. Instead, the Court will consider all of the evidence surrounding the creation of the Will to determine whether it meets the requirements of Georgia law. To begin that process, a formal objection to the Will must be filed with the Probate Court withing the time allowed by law, which is typically 30 days.
When objecting to a Will, a legal basis must be stated. In situations like this, two of the most common legal objections are that the deceased lacked capacity to create a Will and/or that a third party exercised an undue amount of influence over the deceased when the Will was created. Each of these objections will require their own proof. If sufficient evidence can be presented to the Probate Court, then the Judge has the authority to declare the Will to be invalid.
For more information about this and other probate topics, please go to GPLG.com/Handbook to download a complimentary copy of our Georgia Probate Handbook. You’ll learn the key things that go wrong in an estate, how to prevent them, and what to do if they happen.
You also can reach out to our office at (770) 796-4582 to set up a consultation.
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