July 8, 2015
Authored by: Luke Lantta
The question of when subscribing witnesses are necessary to admit a will to probate can sometimes be a tricky one. So tricky that it may even trip up a probate court. The issues mainly seem to arise when dealing with shifting burdens when a will is challenged.
In a recent Georgia case, Reeves v. Webb (consolidated with Groenenboom v. Webb), there was a petition to probate the decedent’s will in solemn form, and an objection and caveat were filed on the grounds that there was a breach of fiduciary duty to the decedent, fraud, undue influence, and lack of testamentary capacity. The probate court dismissed the petition by finding that the propounder did not make out a prima