Will Contest & Validation

Will Contest & Validation: Legal Protection of Inheritance

Receiving an inheritance is often associated with not only emotional but also complex legal processes. Especially when the will left by the deceased raises doubts regarding its authenticity, fairness, or legality. Will Contest and Validation is one of the most specific areas of civil law, requiring deep analysis of evidence and thorough knowledge of procedural norms. This process can be initiated both by legal heirs who believe their rights have been violated and by testamentary heirs who wish to defend the testator's will and the received property.

In Georgia, the grounds for declaring a will void are strictly defined by legislation. Cases are common where a will is drafted under the influence of mental disorder, duress, fraud, or simply without observing the formal rules required by law. On the other hand, will validation involves proving that the document genuinely expresses the free will of the deceased. Legal.ge offers access to qualified lawyers who will help you in this difficult dispute, whether it involves demanding the annulment of a will or ensuring its validity.

What Does the Will Contest & Validation Service Cover?

Specialists on Legal.ge offer full legal support during inheritance disputes, which includes:

• Legal Audit of the Will: Checking the formal side of the document — whether it is notarized, whether witnesses were present (in the case of a home will), and whether signature rules were followed.
• Appointment of Medical Expertise: Examining the mental state of the testator at the time of drafting the will. This is critical to proving whether the person was capable of understanding their actions (establishing capacity).
• Claiming the Forced Share: Even if the will is valid, first-class heirs (children, parents, spouse) have the right to demand a forced share, which constitutes half of the share they would receive by law.
• Contesting a Forged Will: Conducting handwriting analysis to determine the authenticity of the signature if there is suspicion that the will is forged.
• Establishing Facts of Duress and Fraud: Gathering evidence that the testator was under threat or error when drafting the document.
• Court Representation: Preparing the lawsuit and defending the client's interests at all stages of court hearings.

Common Scenarios and Real-World Examples

The need to contest a will arises in various life situations:

• Incapacity: An elderly father with progressive dementia or Alzheimer's leaves all property to a caregiver a few days before death. Children question his ability to understand his actions.
• Violation of Form: A "home will" (handwritten) is found without witnesses or a date. Such a document is void.
• Ignoring the Forced Share: The deceased left all property to a second spouse but completely ignored minor children from a first marriage. The children can demand their forced share.
• Undue Influence: A relative kept the testator in isolation and forced a change in the will in their favor through psychological pressure.

Georgian Legal Framework

Disputes related to wills are regulated by Book Six of the Civil Code of Georgia (Inheritance Law). Key articles used in contesting include:

Article 1344 and subsequent articles define the form of the will. A will can be notarial or domestic. A domestic will must be written by the testator's hand, signed, and dated. A notarial will is considered the strongest document, although it can also be contested.

Article 1371 (Forced Share): This is an imperative norm protecting the deceased's children, parents, and spouse. They are entitled to half of the property they would have received in the absence of a will. Restricting this right by will is impermissible.

Grounds for Nullity: The Civil Code establishes that a will is void if the person could not understand their actions, the will was made under violence or threat, or if it contradicts the law or public order.

Step-by-Step Service Process

Cooperating with a lawyer on Legal.ge involves:

1. Case Study: Analysis of the will text, medical documents, and circumstances.
2. Strategy Development: Determining the grounds for contesting (incapacity, violation of form, forced share).
3. Evidence Collection: Requesting medical history, finding witnesses, appointing expertise.
4. Filing a Lawsuit: Submitting a claim to the court with relevant demands.
5. Process Management: Participating in court hearings until the final decision is made.

Why Choose Legal.ge?

Inheritance disputes are often characterized by high emotional tension and family conflicts. In such times, a professional acting with a "cool head" is necessary to objectively assess the chances. Legal.ge gives you access to lawyers who have expertise in inheritance law and can effectively manage complex, entangled cases. Restore justice and protect your rightful property with the help of professionals.