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Are no contest laws for wills enforceable in Georgia?
My grandmother has a no contest clause. She also forgave a debt months ago. Can that be contested? We have other family members who complained when she loaned a pretty big sum to my brother so he can buy a house. She latter forgave the loan which is what she wanted to do in the beginning. Could that forgiven dept be contested? My grandmother was in sound mind when she gave the loan and when she forgave it!
1 Answer
- 8 years agoFavourite answer
Wills can be tricky instruments to decode, including the circumstances around it.
Technically, any will can be contested for any number of reasons. Just because you say your grandmother was in sound mind doesn't mean she was. Unless you have a medical degree, you have no authority to make that decision.
Wills get contested mostly because someone who thought they were entitled to a share of it didn't get what they were expecting. My answer would be this. If your grandmother did everything she did, and no one questioned it at the time, and you have lots of independent witnesses who can say she knew what she was doing, then you should be okay. However, as I have mentioned, wills can be contested for many reasons.
I suggest you talk to an attorney who is versed in wills and estates in your area. Generally they will give a free consultation, and then advise you further.
Source(s): Law School
