Blended families bring together people with different histories and, sometimes, competing interests. When a loved one passes away, their estate plan can spark conflict between a surviving spouse and adult children.

These disagreements often arise over who receives what, especially if someone feels excluded or blindsided by a will. In Georgia, will contests are not uncommon in these situations, but the law sets a high bar for challenging someone’s final wishes.

Grounds for Contesting a Will in Georgia

Under Georgia law, a person can contest a will based on several legal arguments:

  • Lack of capacity
  • Undue influence
  • Fraud
  • Improper execution

Adult children may argue that a stepparent pressured their parent into rewriting the will. A surviving spouse, on the other hand, might rely on statutory protections, like Georgia’s “year’s support” claim, to secure a portion of the estate, regardless of the terms of the will. Simply being upset or treated unfairly is not enough to challenge a will.

Legal Tools That Affect How Property Is Passed

Some disputes can be traced back to prenuptial agreements, trusts, or last-minute beneficiary changes. A parent may use a separate trust to leave assets to their biological children. Alternatively, they might change a will just before passing, leaving the bulk of their estate to a new spouse.

Georgia courts examine the timing, paperwork, and intent behind these decisions. If a no-contest clause is included, it could limit someone’s right to challenge the document unless a valid legal reason is proven.

We Help Families Protect Their Interests in Contested Estates

At The Williams Litigation Group, we understand how emotional these cases can be. When your loved one’s final wishes appear manipulated or your rights as a spouse or child are at risk, you deserve a clear legal path forward.

We help clients review estate documents, assess the strength of a will contest, and take action when something feels off. If you are worried about being cut out of a parent’s will or believe someone took advantage of them late in life, contact us. We will listen, explain your options, and help protect what matters.