People who think about the impact they have on others or who are worried about their loved ones may want to establish estate plans. For many people, a will is the simplest way to achieve estate planning goals.
Wills give testators an opportunity to choose beneficiaries to inherit their property. They can also nominate people to hold positions of authority. A testator can select a personal representative to oversee estate administration on their behalf. They can also name a guardian who can take over their parental responsibilities after a tragedy.
Given the many roles they can fulfill, wills are often subject to thorough legal scrutiny in the Georgia probate courts. People can ask judges to set wills aside if they are not valid legal instruments. What are the requirements for a valid and enforceable will in Georgia?
1. A competent testator
Testators must be capable of understanding their circumstances to establish legal wills in Georgia. An individual has testamentary capacity when they understand the impact their documents may have on family members and are capable of naming their beneficiaries, as well as describing the contents of their estate.
Georgia is actually more permissive about estate planning than many other jurisdictions. Individuals can draft a will once they are 14 years old in many cases.
2. Appropriate legal language
A will also needs to contain language identifying the document as a testamentary instrument. Typically, a will needs to be a physical, written document. Audio recordings, video footage and electronic documents cannot serve as wills.
3. Two witness signatures
The testator drafting the will typically needs to sign it. They also require the signatures of at least two witnesses. Ideally, those witnesses are individuals who do not benefit from the estate plan.
The terms included in an estate plan influence what types of support surviving family members have and how people remember the decedent. Many people invest quite a bit of effort into the creation of an estate plan that reflects their personal values and prioritizes the protection of their close loved ones.
Anyone preparing to draft or update a will in Georgia should take care to ensure that their will meets the basic requirements established by state statutes. Testators who understand statutory requirements and have support when drafting wills may feel more confident about drafting enforceable documents.