The main function of a will is to determine what happens to someone’s property after they die. The contents of a will can address the distribution of a person’s property. Wills can designate adults to serve as personal representatives or guardians of minor children.
Wills can include terms that impose substantial responsibilities on individuals and control the descent of highly-valuable resources. Therefore, there is potential incentive for people to engage in fraud related to will. Some people may also attempt to pressure or influence a vulnerable individual to change the terms of a will. As such, witnesses are important for the validation of a testamentary instrument.
What requirements does Georgia impose on those drafting or updating a will?
Witness signatures are essential
Georgia, like most other states, generally requires that a testator physically sign the will that they draft. If people have medical challenges that prevent them from actually signing the document, they can authorize a person to sign on their behalf.
They also generally need to secure the signatures of two witnesses. While many states require adult witnesses, Georgia is a bit more flexible. Teenagers who are 14 or older can potentially serve as witnesses to a will signing. However, they need to have capacity, meaning that they understand the importance of what they witness.
Georgia does not require notarization of a will. So long as there are two witness signatures and those witnesses can validate the identity and mental state of the testator, notarization is not necessary. Every major revision to a will generally requires a new signature from the testator and therefore new witness signatures as well.
Estate planning documents that don’t meet legal standards could be subject to contests in probate court. Ensuring that a will complies with Georgia state statutes is important for a testator’s peace of mind.