Contesting a will: what to do under Georgian law

What to do

1. ⏰ The deadline comes first. A claim to declare a will invalid must be filed within 2 years of the opening of the inheritance, that is, from the date of death (Civil Code of Georgia, Art. 1409), not from the moment one learns of the will. Who may sue: heirs by law and other interested persons, on the grounds of invalidity of transactions (Civil Code, Art. 1408).
2. Choose the ground. The court declares a will invalid if its drafting procedure was violated, or if the testator could not understand the meaning of his or her actions or control them (Civil Code, Art. 1403). The testator must be able to reasonably assess his or her actions at the time of drafting and to express the will clearly (Civil Code, Art. 1345). This covers dementia, stroke, or strong medication on the day of signing. A transaction is invalid if it was made as a result of abuse of influence through special trust (Civil Code, Art. 55), or under coercion (violence, threat), including by a third party (Civil Code, Art. 85). Forgery: a holographic will must be written and signed by the testator personally (Civil Code, Art. 1364). Breach of form: an heir under the will, his or her relatives, spouse, legatee, or a minor cannot be a witness (Civil Code, Art. 1362).
3. If the claimant is a child, parent or spouse, compare with a simpler route. Children, parents and the spouse are entitled to a mandatory share (half of the statutory share) despite the will (Civil Code, Art. 1371). The aim of the claim: once the will is declared invalid, the bypassed heir inherits on general grounds (Civil Code, Art. 1407).
4. Evidence: a party may order an expert examination itself and submit the expert opinion with the claim or at the preparatory stage (Civil Procedure Code of Georgia, Art. 162). Types: handwriting examination (for forgery) and a posthumous forensic psychiatric examination (medical records, prescriptions, testimony of doctors and neighbours).
5. Procedure: the claim is filed at the testator's last place of residence (Civil Procedure Code, Art. 16). The state fee is 1% of the claim value, but not less than 50 lari (Civil Procedure Code, Art. 39). Securing the claim means attachment of the defendant's property (Civil Procedure Code, Art. 198). The defendant is the heir under the will. In parallel, challenge the certificate of inheritance issued to that heir.
6. Where to apply: district (city) court; Samkharauli National Forensic Bureau, or a private expert.
7. Evidence: medical records and extracts for the period when the will was drafted; testimony of doctors and neighbours; handwriting samples from that period; copy of the will.
8. Pitfalls: counting the deadline from the moment one learned of the will, as is done in some other systems. In Georgia it runs from the date of death. Challenging a notarial will without medical documents. Suing for a mandatory share to which one is already entitled.

Be sure to check

• the claim period: 2 years from the opening of the inheritance
• grounds of invalidity (incapacity to understand, pressure or abuse of trust, forgery, breach of form)
• expert examinations (handwriting, posthumous psychiatric) and medical evidence
• what winning gives: inheritance by law; the alternative is the mandatory share
• court at the testator's last place of residence, state fee, attachment of property