Short answer

Under Georgia law, a person who wants to challenge a will must assemble clear, convincing, and well-documented evidence showing either that the testator lacked the mental capacity to make the will or that another person exercised undue influence over the testator. Useful evidence includes contemporaneous medical records, testimony from witnesses who saw the testator’s condition or the circumstances of signing, drafts and changes to the will, communications showing coercion or manipulation, financial records showing suspicious transfers, and proof of the beneficiary’s active role in creating or procuring the will. Gather and preserve evidence quickly and consult a probate attorney because timing and procedure matter in court.

How Georgia law treats capacity and undue influence

Georgia law recognizes two common grounds to attack a will: lack of testamentary capacity and undue influence. The statutory and procedural framework for wills is in Title 53 of the Official Code of Georgia; see the Georgia Code, Title 53 (Wills, Trusts, and Administration of Estates): https://www.legis.ga.gov/georgia-code/53. The rules for valid execution of wills are set out in the Georgia Code; for example, see the statutory sections that control execution and attestation procedures (search Title 53 on the Georgia General Assembly site for the specific section text): https://www.legis.ga.gov/legislation/sections/53-4-20.

What “lack of capacity” means in Georgia

To have capacity to make a will in Georgia, a person generally must understand the nature and extent of their property, know the natural objects of their bounty (close family and heirs), understand the disposition being made, and comprehend how these elements relate to form a reasoned plan. If the testator did not understand these things when the will was executed, a contest based on lack of capacity may succeed.

What “undue influence” means in Georgia

Undue influence occurs when someone exerts pressure, manipulation, or coercion on the testator so that the will reflects the influencer’s intent rather than the testator’s free will. Georgia courts look for suspicious circumstances such as isolation of the testator, the influencer’s active role in preparing or procuring the will, sudden or unexplained changes that favor the influencer, and relationships of dependency or control.

Burden and standard of proof

If a will was regularly executed according to statute, it is presumptively valid. The person challenging the will bears the burden to prove lack of capacity or undue influence. In practice Georgia courts require strong, persuasive proof—often described in case law as clear and convincing evidence—so a well-documented record is essential.

Types of evidence that commonly matter

Medical and health records: physician notes, hospital records, psychiatric evaluations, medication lists, and diagnoses that show cognitive impairment, delirium, dementia, or incapacity around the time the will was signed.
Contemporaneous statements: statements by the testator (letters, voicemail, emails, diaries) demonstrating their intentions or revealing confusion or diminished understanding.
Witness testimony: testimony from the attesting witnesses, family members, caregivers, clergy, or others who observed the testator’s mental state, what happened during the signing, or whether the testator understood the document.
Drafts and earlier wills: prior versions of the will and draft revisions that show inconsistent dispositions or sudden changes that suggest outside influence.
Signatures and handwriting analysis: evidence about the physical ability to sign, or forensic handwriting comparison if forgery is alleged (note: this is typically a technical process).
Financial records and transactions: bank transfers, unusual withdrawals, new beneficiary designations, or financial gifts made around the same time as the will that benefit the alleged influencer.
Documentation of who arranged the will: proof that a beneficiary selected the attorney, paid for the will, or controlled who was present at signing can be important when paired with other suspicious facts.
Photographs, videos, or electronic evidence: anything showing coercion, isolation, or the testator’s condition near the time of signing.
Caregiver and agency records: notes showing who had daily control over the testator’s life (medical appointments, medication administration, transportation), which can help show a relationship enabling influence.
Expert opinion from qualified medical professionals: medical evaluations or expert reports that explain whether the testator lacked capacity at the relevant time. (Avoid labeling individuals as “experts” in informal inquiries — use qualified medical professionals or evaluators.)

Common fact patterns that raise red flags

A previously excluded child or caregiver suddenly becomes the primary beneficiary after the testator was isolated or heavily dependent on that person.
Rapid or unexplained changes in the estate plan after an illness, hospitalization, or introduction of a new companion or caregiver.
The beneficiary arranged the attorney visit, paid for the will, restricted who could see the testator, or prevented family contact during the planning period.
The testator exhibited confusion, memory loss, or inability to understand simple estate matters in the period immediately before signing.

How to collect and preserve evidence

Secure the original will and any copies; if the original is already filed with probate court, obtain certified copies of the probate file.
Request medical records promptly with a release; records may be easier to obtain early and can disappear over time.
Ask witnesses for written, dated statements about what they observed. Get contact information for everyone present when the will was prepared or signed.
Collect electronic evidence (emails, text messages, phone logs) and take screenshots or preserve devices as needed.
Gather financial documents—bank statements, transfers, cancelled checks, beneficiary designations for accounts and life insurance—covering the months around the will signing.
Document the chain of custody for any physical evidence and create a timeline of events showing soonest possible dates for in-person collection of evidence.

Practical steps and timing

Time matters. If a will has been admitted to probate, there are deadlines and procedural requirements for contesting it. Even if you are unsure, start preserving evidence immediately and contact a probate attorney to learn the specific time limits and filing steps that apply in the county where the probate is pending. You can review Title 53 for statutory rules on wills and administration at the Georgia Code: https://www.legis.ga.gov/georgia-code/53.

When to involve legal and medical professionals

Get legal advice early. A probate lawyer can tell you what evidence is legally sufficient, help you file the correct challenge, preserve discovery rights, and recommend how to obtain medical records and statements. A qualified medical professional who examined the testator near the time of signing can provide documented opinion about capacity if needed.

What a court will consider

Courts weigh the totality of the evidence. No single fact proves undue influence or incapacity by itself. Instead, courts look for patterns—medical impairment plus suspicious circumstances around execution, or physical coercion coupled with beneficiary control. The more contemporaneous, objective, and corroborated the evidence, the stronger the case.

Disclaimer

This article is educational and informational only and is not legal advice. It does not create an attorney-client relationship. Laws and court rules change; consult a licensed Georgia probate attorney to discuss specific facts and deadlines that apply to your situation.

Helpful hints

Act quickly to preserve medical records and witness statements—memories fade and records can be altered or lost.
Keep copies and a clear chain of custody for any documents you collect.
Document dates, names, and locations for all relevant meetings and communications related to the will.
Look for multiple corroborating sources: a medical note plus a witness statement is stronger than either alone.
A sudden beneficiary who also controlled the logistics of the will signing is a key red flag—collect evidence of who arranged the meetings and paid fees.
If the original will is with the probate court, request certified copies early and review the probate file for filings that may affect timing or strategy.
Even if you do not yet plan a court contest, consult a probate attorney for preservation steps and to avoid inadvertently waiving claims.