Kaplan v. Kaplan

Benham, Chief Justice.

Appellees, named executors of their father’s will, filed his will for probate. Appellant, who married the decedent in 1978, filed a caveat on the ground of mistake of fact under OCGA § 53-2-8. The probate court granted the executors’ motion to dismiss for failure to state a claim.

OCGA § 53-2-8 1 provides a method for avoiding the consequences of a testator’s mistaken factual beliefs concerning the existence or conduct of an heir at law. Ms. Kaplan asserts that the mistake of fact in the present case was one concerning her conduct. She contends the testator was mistaken…