In Georgia, someone must be of sound mind to create a valid will. But what happens if an heir believes the testator didn’t have the mental capacity to make those decisions?
In these cases, family members or other interested parties may challenge the will in probate court. Proving a lack of testamentary capacity isn’t easy, but medical records and expert testimony can make all the difference.
What Counts as Testamentary Capacity in Georgia?
Under Georgia law, O.C.G.A. § 53-4-11, a testator has capacity if they can form a “decided and rational desire” about how to distribute their property. That means they must understand that they’re signing a will, know the general nature of their assets, and recognize the people who might logically inherit.
Advanced age, eccentric habits, or physical weakness don’t disqualify someone automatically. Even people with mental illness may legally make a will if they’re lucid at the time it is signed. However, if their thinking is impaired or their decisions are influenced by delusions, the will could be challenged.
How Medical Records and Experts Help Prove Incapacity
To prove a lack of capacity, you’ll need to show what the testator’s mental condition was like when they signed the will. Medical records can reveal key facts, such as an Alzheimer’s diagnosis, medications with cognitive side effects, or notes about confusion, memory loss, or impaired judgment. In Lillard v. Owens (2007), the court tossed out a will signed while the testator was “morphined up,” confused, and barely responsive.
Testimony from doctors, psychologists, or even the drafting attorney can also be helpful. Georgia law O.C.G.A. § 24-7-702 allows expert testimony if it’s based on training, experience, and proven methods. This might include neuropsychological testing or evaluations showing how cognitive impairment affected the person’s ability to make clear decisions.
We Help Georgia Families Challenge Unfair or Invalid Wills
At The Williams Litigation Group, we help clients use medical evidence and expert support to contest wills based on a lack of capacity. If you believe your loved one was not mentally capable when their will was created, contact us today to discuss your legal options.