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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.
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% of wills fail once the reach the courts? 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.
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.
Any person aged 14 or above may create a Will as long as they have the capacity to do so.
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.
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.
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.
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.
