We are frequently asked if a Will is invalid and why the Will must go through probate if it is valid. Part of the Probate Process is the process of reviewing the Will to determine if the Will is valid. The probate court reviews a Will to determine if it meets Georgia’s requirements for Wills. If you create a Will, it is important to make sure that it is valid so that it can be probated upon your death.
Requirements of a Georgia Will
Every state has different requirements for valid wills. Georgia requires you to:
- Have capacity to make a Will, that is the testator has a decided and rational desire as to the disposition of property.
- Make the Will voluntarily and not under duress.
- Be in writing.
- The Will must be signed in the presence of two or more competent impartial witnesses who sign in your presence.
The Georgia probate court will find a Will is invalid if it finds that the Will was signed under duress or if you did not have capacity to sign the Will on the date you allegedly signed the Will. Your heirs can contest the Will if they believe it is not valid. For example, if you leave everything to your sister and little to nothing for your wife, and your wife knows that the date of the Will was after you suffered traumatic brain injuries in a car accident, she could contest the Will if she believes you did not sign it (someone forged your signature) or you signed it under duress or lacked capacity to make a Will.
What Happens if the Probate Court Finds a Will is Invalid?
If the probate court deems the Will invalid, it is as if you died without a Will. That means that your heirs receive your estate – and it may not necessarily be those you want to receive some or all of your estate.
To ensure that your Will is valid, you should consider working with an estate planning attorney to draft the Will and execute (sign) it properly with two impartial witnesses.
There is no requirement that you have a valuable estate to have a Will, instead, you should have a Will if you wish to name beneficiaries to receive your estate. Contact Grissom Law, LLC at 678.781.9230 to help you prepare and execute your Will.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney-client relationship between you and Grissom Law, LLC.