On what grounds can a Will be contested?

UPDATED: Jun 4, 2013

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On what grounds can a Will be contested?

My grandmother left a life estate of a piece of property that my uncle could live on, cut timber from and use but could never sell. If my uncle dies the property reverts to my father, who can live on it, cut the timber and use but not sell. In the event of my fathers death the property goes to my brother, the only son (supposedly to carry on the family name)- but my sister and I receive nothing because we are girls, not boys. Is there anyway to challenge this? I am not married and I still have the family name. Is there anything that can be done?

Asked on June 4, 2013 under Estate Planning, Georgia


Nathan Wagner / Law Office of Nathan Wagner

Answered 9 years ago | Contributor

Some of the grounds for contesting the will are that your grandmother did not have the mental capacity to make a will, that someone exerted undue influence on her to make the will, that she made the will under duress, or that it leaves out an heir who was born after the will was made. The fact that the will discriminates based upon gender is not a ground for contesting the will. 

Furthermore, if your grandmother already died and her estate has finished going through probate, it may be too late to contest her will. You should speak to a local probate lawyer about this situation right away. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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