Disputes can arise where a testator of a Will or grantor of a Trust make suspicious changes to their testamentary plans or instructions for post death asset management. These disputes may warrant investigation, particularly where there is evidence of lack of capacity, or the testator or grantor is subject to exercise of fraud and undue influence by someone seeking to benefit from the Estate of Trust. Disputes may arise in the execution of Wills where the Will is drafted without proper formalities, or even cases where the Will is the product of a forgery. Where the evidence supports such claims, the law in Georgia provides a remedy for wrongful acts, which requires the services of a skilled litigator.
Fraud, Undue Influence and Lack of Capacity Claims in Wills and Trusts