Definition of a Will
A will is a written
document or oral declaration stating who will own the individual's property in
the event of their death. A testator or testatrix is the term used for a person
who dies with a valid will. Traditionally the term testator was used for a male
and testatrix was used for a female, but today, testator is used to refer to
anyone with a valid will, regardless of gender.
In older times, a
will was used to dispose of real property and a testament was used to dispose of
personal property. However, the distinction is not commonly made today.
Why Do I Need a Will?
It is important for
someone who has assets to have a will, because the will explains how that
person wishes for their assets to be dispersed in the event of their death. Having
a will can eliminate issues surrounding family disputes, funeral instructions,
who will obtain your assets, custody of your minor children and pets, and who
will manage your estate.
Requirements for a Valid Will in Georgia
The process of
devising a will is generally straightforward, so long as the state laws are followed,
and the testator's wishes are clear. The state requirements for a Georgia will to
be valid are:
- The
testator must be 14 years of age or older;
- The
will must be in writing;
- The
testator must sign the will;
- The testator must either;
- Sign the will in the presence of two witnesses; or
- The
testator must acknowledge his or her prior signature in the presence of the
witnesses; and
- The
witnesses must sign the will in the testator's presence.
How To Get a Will
Although wills are
not the type of case primarily handled by Meriwether & Tharp, our attorneys
have been drafting wills for our clients for decades. Contact us today if you
are interested in a free telephone consultation to discuss your will.
Written by: Rebekah
Ann James