Georgia Wills Lawyer

A Last Will and Testament is the foundation of your Estate Plan. More commonly referred to as a Will, this legal tool outlines your final wishes, how your possessions should be distributed after your death and other details about your passing.

Without a Will, the court will decide for you. If you want to maintain control over your legacy and protect your family’s financial future, you need to work with a seasoned Estate Planning attorney at Nelson Elder Care Law. Together, our Georgia Wills lawyers can help you create a plan that will ensure your final wishes are honored.

Four Legal Requirements of a Will in Georgia

There are several requirements for a Will to be valid in Georgia. If a Will fails to meet even one of these requirements, the court could rule the entire document invalid. Did you know that over 73 percent of wills fail once the reach the courts? It is important to know how to make a Will in Georgia, and our local attorneys can help you craft an effective Will that is legally enforceable, which will help your loved ones avoid complications down the line.

1. Written Document

While some states allow oral or verbal Wills, a Will is only viable in Georgia if it is in writing. The Will can be typed or hand-written, but it must be recorded in writing to be valid under state law.

2. Age Requirement

Any person aged 14 or above may create a Will as long as they have the capacity to do so.

3. Testamentary Capacity

Regardless of your age, you must be competent to make a valid Will. Testamentary Capacity means a person’s ability to do something successfully or efficiently This simply means that you have a rational desire to create or change your Will, and you understand the consequences of doing so.

Additionally, any decisions you make about your Will must be made freely. A Will is not valid if someone else influences you, either by duress or fraud.

4. Signed and Witnessed

You are required to sign your Will in order for it to be valid. Anything from a handwritten signature to a simple mark can fulfill this requirement.

You should also have two witnesses sign your Will. While these witnesses do not have to be notaries, having a Will notarized could help simplify the process of validating the document after your death.

Why is it Important to Update a Will Frequently?

Your Last Will and Testament represents all of your final wishes. This document can impact your legacy as well as the future of your family. Accordingly, Rather than creating a Will and then forgetting about it, you should regularly review this tool to ensure that it is up to date. This is especially important following major life changes, such as the birth of a newborn child or a divorce. The laws may also change.  Our attorneys are experienced in helping Georgia residents update their Wills to address any changes in circumstances or desires.

Contact a Georgia Wills Attorney for Assistance

While you can create a Will on your own, it is better to do so with help from a professional. There are many minor errors that could potentially make your Will invalid under the law. We have witnessed this so many times and it is often too late for us to help.

If you want to secure your goals for the future or update your current Will, call Nelson Elder Care Law. A trustworthy Georgia Wills lawyer will answer all your questions during our free initial consultation.

Hear From Our Clients

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce

Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

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I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!

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