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What wills are valid in Georgia?

On Behalf of | Jun 22, 2020 | Estate Planning

Georgia has its own laws for determining what wills are valid. After all, not every state allows for certain wills. In fact, there are variations on will types within each state, too. 

Knowing what wills are valid in Georgia is important. This way, you know how to write yours in a way that keeps them valid. 

What are nuncupative and holographic wills? 

First, there are different types of wills. For example, Merriam-Webster’s dictionary defines what a nuncupative will is. This is otherwise known as an oral will. Meanwhile, you write holographic wills by hand. In Georgia, the state does not recognize holographic wills. This means you cannot write your will. 

Oral wills also have limitations set on them. For example, you can only make them during the time of your last illness. At least two witnesses need to present themselves. They must take an oath bearing witness to your will. Within 30 days of speaking your will, someone must reduce it to writing, too. 

Can you write a valid will? 

In Georgia, a testator’s age is younger than many other states. The general age of a testator is 18. In Georgia, it is 14. For a regular will, you still need at least two competent witnesses, too. You need to sign your will in the presence of these witnesses. You must also not labor under legal disability “coming from a want of capacity or liberty of action”. 

If your will is not valid, it means that your assets do not get passed along as you would have liked. This is why it is crucial to ensure your will follows the necessary means.