Will and Estate Planning Attorneys in Kennesaw, GA

The Four Legal Requirements of a Will in Georgia

Did you know that over 73 percent of wills fail once they 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.

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.

Requirement 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.

Requirement 2: Age

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

Requirement 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.

Requirement 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.