Last Will Requirements and Laws in Georgia
As in every American state, in Georgia, there is a set of laws and requirements that regulate last wills. If a Georgia resident does not follow the local rules and norms regarding the topic, the form they create and sign might be considered invalid in the future. As such, their properties could be transmitted differently from their intentions.
An individual who drafts and signs the document is also referred to as a testator. However, a testator is not the only person who signs the form. In all American states, two witnesses should sign the will; some states also require the will’s notarization.
The legal requirements for the last will in Georgia are included in the Official Code of Georgia Annotated, also known as the Georgia Code or the O.C.G.A. Title 53, Chapter 4 contains all the relevant info about the document.
Signing Requirements
In Georgia, an individual who creates the form must leave their signature and ask two witnesses to sign the form. The will is valid only if it is made in writing. These rules are stated in Section 53-4-20 of the Georgia Code.
Age Requirements
It is possible and legal to create a will in Georgia for individuals who have attained the age of 14 years. The same applies to witnesses who sign wills in the state (see Sections 53-4-10 and 53-4-22 of the Code).
Limitations
According to section 53-4-10, in Georgia, an individual is not eligible to make a last will in case of “laboring under some legal disability arising either from a want of capacity or a want of perfect liberty of action.”
If a person in Georgia is accused of any crime, it should not interfere with their wish to create a last will (see the Code section mentioned above).
Revocation
Every individual’s wishes and bonds with other people might change through time. Furthermore, there might be a need to make corrections in the last will form or even revoke it to start from scratch and create a brand new document.
As stated in Section 53-4-40 of the Code, in Georgia, a person can change their will at any time before they pass away. Section 53-4-42 says that the last will revocation in Georgia can be either express or implied. The difference and ways of revocation are described in the same section.
There are two ways of making changes to the last will in Georgia. You can draft a completely new form while destroying the old one; however, there is no need to eliminate the old version if you need to make slight corrections to the existing document. You can simply attach an addendum (an amendment with modifications) to your main last will form.