Georgia Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence

Category:
State:
Multi-State
Control #:
US-01010BG
Format:
Word; 
Rich Text
Instant download

Description

In most jurisdictions, the statutes which prescribe the proceedings for probate and contest of wills permit a person in interest to file a petition to contest the probate of a will after the will has been admitted to probate. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such an Petition in a particular jurisdiction.

Free preview
  • Preview Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
  • Preview Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
  • Preview Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
  • Preview Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence

How to fill out Petition Contesting Probate Of Will On The Grounds Of Mental Incompetence And Undue Influence?

Discovering the right legitimate document web template might be a struggle. Obviously, there are tons of web templates available on the net, but how do you discover the legitimate form you require? Make use of the US Legal Forms internet site. The service offers a huge number of web templates, for example the Georgia Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence, that can be used for enterprise and personal needs. All the types are examined by professionals and fulfill state and federal demands.

If you are presently registered, log in in your bank account and click the Acquire option to get the Georgia Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence. Utilize your bank account to check throughout the legitimate types you might have bought previously. Go to the My Forms tab of the bank account and have one more backup in the document you require.

If you are a brand new end user of US Legal Forms, listed here are simple instructions that you can adhere to:

  • Initial, make sure you have selected the appropriate form to your town/area. You are able to look through the shape while using Review option and read the shape information to ensure it is the best for you.
  • In case the form fails to fulfill your preferences, make use of the Seach industry to find the appropriate form.
  • Once you are sure that the shape is suitable, click on the Get now option to get the form.
  • Choose the pricing prepare you need and enter the necessary information. Create your bank account and pay for your order with your PayPal bank account or credit card.
  • Choose the submit formatting and acquire the legitimate document web template in your gadget.
  • Total, change and print and sign the acquired Georgia Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence.

US Legal Forms may be the most significant local library of legitimate types in which you can find numerous document web templates. Make use of the service to acquire skillfully-manufactured paperwork that adhere to status demands.

Form popularity

FAQ

Undue influence is a serious challenge to raise against a will or trust. If successful, the document may be invalidated. For that reason, when proving undue influence, extraordinary evidence must be presented, which means having an excellent probate litigation attorney by your side.

We're often asked, ?How can you prove undue influence?? Well, the evidence must support the elements of proving undue influence, which were stated above: Vulnerability of the victim. The influencer's apparent authority. The actions or tactics used by the influencer.

A will or trust can be declared invalid if undue influence was used on the deceased to obtain assets that would otherwise have gone to others.

Proving undue influence is complex, and the burden of proof is very high. You must prove that the person who benefited from the gift was in a confidential relationship with the decedent.

To prove undue influence, a party must show that one party to the contract is a person with weaknesses which make him likely to be affected by such persuasion, and that the party exercising the persuasion is someone in a special relationship with the victim that makes the victim especially susceptible to such ...

The use of undue influence by one party over another puts the free will of one of the parties entering the contract into question, and therefore leads to the contract being unenforceable and voidable by the victim party.

If a person challenges a will for undue influence and proves that the will was not the testator's true intent, then the court will usually determine that the will is not valid. If an earlier will is valid, the court might use that to distribute the property. In that case, the earlier will is ?revived.?

Undue influence in procuring a will to be made must amount to moral coercion; it must destroy the free agency of the testator and constrain the testator to do what is against the testator's will but which the testator is unable to refuse.

Trusted and secure by over 3 million people of the world’s leading companies

Georgia Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence