A will becomes invalid in Georgia when it fails to meet the requirements set out in state law. Problems usually trace back to how the document was signed, who signed it, or the mental state of the person who made it.
When a will is thrown out, the estate can pass under intestacy rules instead of a person’s actual wishes. An attorney who works in probate and estate law can review a will, spot the weaknesses that lead to a challenge, and help you build a document that holds up.
Nelson Elder Care Law has served hundreds of Georgia families and helped them create the documents they need to protect their future. Call today to schedule your free Legacy Planning Meeting and learn how our estate planning lawyers in Woodstock can assist you.
Georgia’s Basic Legal Requirements for a Valid Will
According to Georgia law, a will must be in writing and have to be signed by the person who is making it, referred to as the testator. The person making the will must be at least 14 years old under Georgia law, which sets a lower age than most states.
The signature should be placed at the end of the document, and the testator must intend for the writing to act as their final statement regarding the way in which their property should pass. Two witnesses are required to make the will legal.
Even a will that looks complete on paper can fail if one of these baseline requirements is missing. Nelson Elder Care Law can review a document against Georgia’s statutory rules and tell you whether it meets the standard.
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Signing and Witness Rules in GeorgiaA Georgia will must be signed in the presence of two competent witnesses, and those witnesses must also sign the document. The witnesses need to observe the testator sign, or hear the testator acknowledge that the signature is theirs.
A witness who stands to inherit under the will can create a problem. Georgia treats such a person as a competent witness, but any gift to that witness may be void unless there are enough other disinterested witnesses to support the signing.
Getting the witnessing wrong is one of the most common reasons a will collapses during probate. Nelson Elder Care Law helps clients handle signing correctly so the document does not fail on a technicality.
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Testamentary Capacity and Invalid Wills
The requirement for testamentary capacity means that at the time of signing, the testator had to understand that they were drafting a will, the general nature and extent of their possessions, and the people who would normally be expected to inherit their property.
What matters is a person’s capacity to make a will at the time they sign it, not before or after. A person with dementia can create a valid will during a time when they are clear-minded and understand what they are doing.
Because capacity depends on the testator’s state of mind at one specific point, these disputes often come down to medical records and witness testimony. At Nelson Elder Care Law, our estate planning lawyers can help you gather the evidence that shows whether capacity existed.
How Undue Influence Can Void a Will
Undue influence happens when a person pressures the one who is drawing up a will into altering the will so as to match that person’s wishes rather than the writer’s own. The pressure has to be strong enough to overcome the writer’s judgment and go beyond ordinary persuasion from family members.
The probate court will take into account the relationship between the person who made the will and the accused, the vulnerability of the writer, and whether the person who influenced him helped to draw up or alter the will.
Proving undue influence is rarely simple, since the pressure often happens in private. Nelson Elder Care Law can evaluate the circumstances and advise whether a claim has real footing.
Fraud and Forgery Claims that Can Make a Will Invalid
A will can be invalidated if the person who is making it is deceived into signing it or is misled about facts which affect the way in which they wish to divide their property, provided that the deception has a direct effect on the terms of the will.
Forgery is a separate problem. If the signature on the will is not the testator’s, or if pages were added or swapped without the testator’s knowledge, the document cannot stand as their true intent.
These claims often rely on handwriting analysis and the testimony of people present at the signing. Nelson Elder Care Law can help you understand what proof a court will expect in a fraud or forgery dispute.
Get Legal Help With Invalid Wills in Georgia
In Georgia, a will is invalid if it does not comply with the requirements established by state law. Some wills are invalid not due to improper intention but because of mistakes that could have been avoided.
A will is a key component of an estate plan, and minor oversights can have important consequences. Our legal team can assist you in creating documents that hold up under legal scrutiny.
Since 2014, Nelson Elder Care Law has helped clients avoid the drafting and execution mistakes that lead to a contested probate. We protect you from life’s curveballs. Call today to schedule your Legacy Planning Meeting and discuss your concerns.
