A will can serve as the basic foundation of someone’s estate plan. In some cases, a will might be the only document someone ever drafts. A will primarily serves to outline someone’s wishes for what happens after they die.
People may include instructions about the distribution of their property. They may also include terms granting someone they trust the authority to act as their personal representative during estate administration or to serve as the guardian of their children.
For a will to assist with the administration of someone’s estate and the protection of their family members, it has to be a valid and enforceable document drafted in accordance with Georgia state statutes. What standards must a will meet for it to have any legal authority?
There are several requirements established in state law
A valid will is a typically written legal document. Videos and recordings typically cannot serve as testamentary instruments in Georgia. Many people work with a lawyer to draft a will that conforms to the unique statutes established in state law.
For example, there are certain rules regarding the inheritance rights of family members. Someone can leave very unequal inheritances for their children, but they cannot necessarily disinherit a spouse. Additionally, attorneys can help ensure that the language included in a will actually assets someone in achieving their testamentary goals. Clarity and precision are of the utmost importance when leaving instructions for what should happen after someone dies.
The testator typically needs to sign the will. They also need to have two witnesses either see them sign the documents or hear them declare that they drafted and signed the documents. The best witnesses are legal adults who do not have any personal interest in the estate. Georgia law does not require the notarization of a will for it to have authority.
The person drafting the will typically needs to be a legal adult. They also need to have testamentary capacity. That is a technical way of saying they need to be cognizant of what property they own, what beneficiaries they include and the impact their documents may have on those people and resources.
Those with children, people with high-value resources and individuals with special legacy intentions may want to draft a will if they do not already have one in place. People may also need to occasionally review and update their documents as their personal circumstances change.
Learning about what Georgia requires during the estate planning process can help people take necessary steps for their protection and the benefit of their loved ones. The decision to draft a will can potentially offer peace of mind and protection from financial and legal uncertainty.