Each state has its own laws surrounding wills and last testaments. If you live in Georgia, then you need to make sure you understand the state’s laws before drafting your will.
Two witnesses
Georgia requires that two witnesses be present when you sign your will. They must also sign your will to confirm that it’s valid. Your witnesses must be at least 14 years old and competent. You also need to be present when they are signing the will. It’s important to follow the laws regarding wills to help prevent someone from contesting it on the grounds of invalidity after your death.
Written and signed
You can handwrite or type your will. What’s important is that it’s a physical document. Audio and video wills aren’t valid in Georgia. If you’re physically unable to sign your will, Georgia allows you to choose someone to sign on your behalf. You must watch them sign for you for the will to be valid.
Testamentary capacity
At the time of writing and signing your will, you must have a “decided and rational desire to create the will.” Any signs of duress or coercion could invalidate your will. You must also be at least 14 years old to write a will in Georgia.
Ex-spouse
If you want your former spouse to still receive the same assets after your death, then you need to clearly state in your will that divorce would not invalidate them as your beneficiary. Otherwise, Georgia automatically revokes any language that leaves property to your former spouse. If you were to remarry them, then the provisions would automatically become valid again. In situations where a court rules that a marriage wasn’t legal, the law automatically invalidates that part of your will that leaves property to them. You would have to revise your will to ensure that they remain a beneficiary if that’s what you want.
Writing a last will and testament isn’t as easy as creating a video or writing and signing a document. You must follow Georgia’s rules surrounding the creation of a will.
