Today’s Elder Care Matters Q&A discusses the formal requirements for a Will
Question: What are the Formal Requirements for a Will?
Answer: A will is a legal written declaration of a person’s intention for the disposition of his or her property after his or her death. The requirements to make a will are different in each state. In Georgia, you need the following: – You, the maker of the will, must be at least 14 years old. – You must be of sufficient mind and memory to realize you are making a will disposing of your property. – You must know what property you own and who your beneficiaries are. – The will must be in writing. – The will must be signed by the maker of the will and witnesses by at least two witnesses in the special manner provided by law. These witnesses should not be persons who will receive property under your will. – The signing of the will must obey certain technical formalities. – You cannot write your will out on a piece of paper and sign it. This is called a hollographic will and it is not recognized in Georgia. If you try to take short cuts like this one, the probate court may treat you as having died without a will.
Today’s Answer was provided by Michelle Wilson, Esq., Founding Partner of Wilson Legal in Cumming, Georgia. Attorney Wilson is a Partner Member in the National ElderCare Matters Alliance.
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What are the Formal Requirements for a Will?