Drafting a will is a fundamental component of estate planning. A will can perform several functions but it largely relates to how your assets will be divided upon your death.
There are several options when drafting a will, you can even draft one on your own, but this can be very risky. If a will does not adhere to certain conditions, then it may be invalidated. Outlined below are some common situations where a will can be challenged.
When the testator didn’t comprehend the terms
A will must reflect the true intentions of the testator. Anyone over the age of 14 can draft a will in Georgia, but those creating or adjusting an estate plan may be elderly or in a vulnerable condition. If a person does not possess the mental capacity to comprehend the terms included in a will, then it could be challenged later on in the courts.
When undue influence was present
It has already been mentioned that a will must reflect the true intentions of the testator. Unfortunately, there are occasions when individuals may seek to take advantage and manipulate an individual into making adjustments to the will that benefits them. This is commonly referred to as undue influence and it is especially prevalent with regard to elderly and more vulnerable individuals.
If your loved one has recently drafted a will or made drastic changes, and you suspect foul play, then there are options open to you. Seeking legal guidance on the matter will give you some peace of mind and a better idea of what steps to take next.