It is a scenario playing out in probate courts across Atlanta, Savannah, and Macon with increasing frequency in 2026. A family discovers that their elderly parent—who had been diagnosed with dementia months prior—signed a new will leaving their entire estate to a neighbor or a new caregiver. The children rush to hire a lawyer, assuming the medical diagnosis of dementia is a “slam dunk” to invalidate the document. They are wrong.
Under O.C.G.A. § 53-4-11, Georgia maintains one of the lowest thresholds for “testamentary capacity” in the nation. While you need a high level of mental sharpness to sign a business contract or sell a house, the law allows someone with significant cognitive decline to execute a valid will, provided they meet a specific, subjective standard known as “decided and rational desire.” Here is why overturning a will based on mental incapacity is becoming harder for families in 2026.
