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Are electronic wills enforceable in Georgia?

On Behalf of | Nov 20, 2023 | ESTATE PLANNING - Wills

As our technology progresses, processes in various industries have changed as well. In the legal industry, creating contracts and legal documents has been easier with digital technology. In estate planning, this change now allows testators to electronically create wills.

However, not all states recognize digitally crafted wills. Hence, it is crucial to understand your state laws before you start your estate planning journey.

Complying with the state’s requirements

As of writing, Georgia does not recognize electronic wills. For your will to be valid and enforceable in the state, it must comply with the following requirements:

  • You must be at least 14 years old at the time of the will’s creation.
  • You must have the mental capacity and freedom to create a will.
  • The will must be in writing.
  • You must sign, or acknowledge if you have designated someone else to sign, the will in the presence of two witnesses.
  • Two or more witnesses must subscribe and attest the will in your presence.

Conviction of a crime does not hinder you from making will.

Other types of wills and their enforceability

Like electronic wills, holographic or handwritten wills are not recognized in Georgia. While previously recognized, oral wills are no longer enforceable under state laws.

Drafting an effective will

There is more to a will than just writing it. For it to be effective, you must follow certain rules and best practices. Reviewing your priorities and financial situation with a trustworthy estate planning legal advocate can help you develop a will that reflects your goals while staying compliant with the law.