After a loved one has passed, most people want to focus on grieving and celebrating the memories of the person who has passed – not stressing over legal affairs. That is why it’s important to ensure now that your will is up-to-date and complies with state laws.
At Marietta Estate Planning, we know exactly what it feels like to have the weight of worry on your shoulders when a loved one has passed. And we know exactly the sense of relief and reassurance that comes from having a will in place.
A will is only valid in Georgia if the document is in writing and signed by the person making the will (the testator) in order to be valid. There are several other requirements that must be met in order for a will to be considered valid in Georgia. In this article, we will outline what causes a will to be invalid in Georgia, as well as the steps to prevent it.
What is a Will and Why Do You Need One?
A will is a document created by an individual which sets out their wishes for the disposal of their property after they die. The will appoints an executor to manage the deceased person’s estate and to carry out their wishes.
A will is important because it ensures that your property is distributed according to your wishes, rather than the laws of intestacy—in which your closest relatives receive your property.
A well-written and properly executed last testament can save loved ones from years of unnecessary conflict and heartache, so it’s important to carefully and correctly draft your will with the help of a Georgia estate planning attorney.
What Makes a Will Invalid in Georgia?
Not every last will and testament is valid according to the law. There are several reasons why a person’s intentions may not be carried out under their last testament.
Note: If you die without a valid will, it means that the state of Georgia decides how your property is distributed, rather than you.
Here’s a list of causes and explanations as to why a will can be invalid in Georgia:
- It was not signed by the person making the will.
If a last will and testament is not signed by the deceased, it will be invalid in Georgia. The law only recognizes the signature of a person who makes their own last testament. If it is signed on behalf of someone else (i.e. witnesses), then this may result in your will being challenged.
- It was not properly dated.
If a will is not dated, it may be invalid in Georgia. The date of your last testament does not have to appear on the document, but it must be at least 60 days before your death or otherwise reference a time period after it’s been written.
It is also best practice to date your will at the beginning, so that it can be quickly located by executors.
- It was not properly executed.
A will must be signed and dated in front of two or more witnesses who are present at the same time, according to Georgia law. The witness or witnesses should also watch you sign or make your mark on the last testament.
They may not sign the creator’s signature themselves, and they must attest to seeing your signature or mark (if you can’t sign), as well as at what time it was signed.
- It does not comply with mental capacity requirements.
To create a valid last testament in Georgia, you must be of sound mind when writing and executing your will. If you don’t meet the requirements of having full mental capacity at the time your will was written, it may be invalid.
This can be a difficult test to meet, since often times other evidence is used to challenge the validity of wills due to lack of mental capacity.
- It includes provisions that are invalid under Georgia law.
A will should only include the property and possessions of the deceased, as well as their wishes for how those things should be distributed. Any other type of provision (i.e. child support) will likely result in your will being invalidated by a probate court in Georgia if it is challenged by an heir or beneficiary under your last testament.
- It was not properly notarized.
To be valid in Georgia, a last will and testament must be notarized by a person who is authorized to witness official documents (i.e. notary public).
If this does not occur, then the document may be invalidated. A judge would have to determine whether or not you had the capacity to sign your last testament.
- It was created when you were unaware of what you were signing.
If a will is created when the person making it did not know what they were signing, then it might be invalid in Georgia, such as if it was written under duress or coercion. This might apply if someone forced you to sign your last testament and deprived you of a lawyer to explain the document to you.
Contact Marietta Estate Planning today
Our team of Georgia estate planning attorneys is ready to help you create the perfect plan to ensure your family is protected and covered after you pass. If you have any questions about the initial steps discussed in this blog, we’re happy to discuss them with you.
You can also schedule your first initial consultation to get started by contacting Marietta Estate Planning today.
