At Peach State Wills & Trusts©, we've been helping Georgia families secure their legacies for years. We believe estate planning should be straightforward and accessible, ensuring your wishes are honored and your loved ones are protected.

A common question is: "Can I just write my will by hand and have it legally binding?" It's a fair question. Many assume that a handwritten will is enough to make their final wishes clear. But Georgia law has strict requirements regarding wills, and unfortunately, most handwritten wills don't hold up in court. Let's break it down.

The General Rule: Georgia and Holographic Wills

In some states, handwritten wills—also called holographic wills—can be valid even if they aren't witnessed. But Georgia doesn't recognize unwitnessed holographic wills at all.

Under Georgia law, for a will to be legally valid, it must:

●  Be in writing (typed or handwritten)

●  Be signed by the person making the will (the testator)

●  Be signed by at least two witnesses, both of whom must be at least 14 years old

The key here is the witnesses. Without them, a will—whether handwritten or typed—isn't legally enforceable in Georgia. The reason for this is simple: Witnesses help confirm that the testator was of sound mind and not under pressure when they signed the will and that the will was validly executed.

The Exception: When a Handwritten Will Might Be Valid

While Georgia doesn't recognize unwitnessed holographic wills, there is a small exception. It could be valid if a handwritten will meets all of Georgia's formal will requirements—including having the proper number of witnesses.

For a handwritten will to hold up in Georgia, it must:

●  Be entirely written by the testator (the person making the will)

●  Include the testator's signature

●  Be signed by at least two credible witnesses who are at least 14 years old

However, even if these conditions are met, a handwritten will is far from ideal. Courts may still question its legitimacy, leading to delays and legal battles.

Why Relying on a Handwritten Will is Risky

Even if a handwritten will meets Georgia's legal requirements, it can still create headaches for your loved ones. Here's why:

Challenges to the will's validity

Handwritten wills are more likely to be challenged in court. Family members might question whether you were in your right mind when writing the will or if someone pressured you into it.

Disputes among family members

Ambiguous language or unclear instructions in a handwritten will can cause disputes among beneficiaries. If there's any room for interpretation, it can lead to fights that may require legal action to resolve.

Increased probate costs and delays

Since handwritten wills are often questioned, probate courts may require extra steps to verify their legitimacy. This can result in longer probate processes and higher legal costs for your heirs.

Uncertainty about the testator's true intentions

Handwritten wills sometimes lack clarity, making it difficult to determine precisely what you intended. For example, they may not deal with a situation where a beneficiary has died – what happens then, or it may not provide for the disposition of all of the testator's assets because there is no residuary clause. If something is unclear, a judge may have to step in and make decisions that may not align with your wishes.

The Importance of a Properly Executed Will

The best way to ensure your will holds up in court and your wishes are honored is to have it properly drafted and executed by an experienced estate planning attorney. Here's why working with an attorney is beneficial:

Ensuring the will's validity

An attorney ensures your will meets all Georgia legal requirements, minimizing the risk of the court rejecting it.

Minimizing the risk of challenges

A properly executed will can reduce the likelihood of disputes. Attorneys can include provisions that make it harder for anyone to challenge your wishes.

Clearly expressing your wishes

Legal guidance helps you use precise language, eliminating confusion over what you want.

Streamlining the probate process

A well-drafted will speeds up the probate process, saving your loved ones time and money.

In addition to a will, other estate planning tools like trusts, powers of attorney, and healthcare directives can provide even greater protection and control over your assets and medical care. Including a self-proving affidavit with the will can also simplify probate by eliminating the need for witness testimony in court or by affidavit.

Don't Leave Your Legacy to Chance: Contact Peach State Wills & Trusts©

Estate planning doesn't have to be complicated or overwhelming. At Peach State Wills & Trusts©, we make the process easy and understandable so you can have peace of mind knowing your wishes will be honored.

If you want to ensure your estate is protected and that your loved ones won't face unnecessary legal battles, contact us today. Peach State Wills & Trusts© provides comprehensive estate planning services, including trusts, powers of attorney, and advance healthcare directives.

Call us at 678-344-5342 or fill out our online Contact form to schedule a consultation. You can also download our free estate planning guide HERE, no strings attached. Let's make sure your legacy is secure with a legally sound estate plan.

No matter your situation, we're here to help you put the right plan in place.