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Can You Write Your Own Will?

The writing of wills is an oftentimes (understandably) confusing situation as those who are tasked to do so have little to no direction on how to. Wrap this into the actual content of the wills themselves that deal with large quantities of money and high-value assets, and the whole ordeal becomes a convoluted mess. Learn more about the specifics of will-writing with a Fayette County estate law attorney from Goldberg & Associates today.

How Writing a Will Works in Georgia

Writing a will is subject to state and federal laws, just like all other legally binding documents. In the state of Georgia, it is actually possible to write one’s will by themself, although one must meet a number of requirements to do so.

  1. Age Requirement – In Georgia, someone must be 14 years old or older in order to create a will. While this effectively means that there are minors who are able to write wills, it is seldom recommended due to a number of logistical reasons. In any case, all adults are eligible to write a will.
  2. Competency – One of the more important requirements that someone must meet is that they are competent enough to write their will. This is defined in Georgia Code as a Testamentary Capacity and requires that the person writes their will freely and voluntarily.
  3. Written Requirement – Wills, in the state of Georgia, must be written out via computer or by hand. While there is a history of oral wills existing in some constituencies around the world, these are not valid in Georgia.
  4. Testator’s Signature – The testator, the person to whom the will concerns, must sign the will. In the case they are not physically able to do so, they are able to give consent to an entrusted individual to do so for them.
  5. Witnesses to the Will – Finally, two people, at least at the age of 14 must be witnesses to the signature of the will. Holographic wills are not legal in Georgia.

The Challenges of Writing a Will by Yourself

Writing a will is a tall undertaking for all of the technical reasons that concern the issue. One of the first, more important reasons is that the specific language used in the will is of critical importance. The nuances of certain terminology may have heavy legal implications, meaning that a single word could leave plenty of room for confusion. Other restraints to personal will writing include taxes, complex laws restricting the writing of a will, and shady or faulty computer programs that claim to help someone do so.

Legal Guidance for a Lifetime

Some people decide to write their own wills without a financial expert – not really knowing the extent of the consequences that such a decision can have. At Goldberg & Associates, we believe that it is our mission to explain the risks that these decisions can have, in addition to providing you valuable insight and guidance as you manage your finances. Call a Fayette County estate law attorney at (770) 229-5729 or follow this link to our online messaging system.

At Goldberg & Associates, we specialize in handling elder law and elder law cases. All of our resources are at your fingertips when you work with Goldberg & Associates. We will do everything in our power to ensure the maximum amount that can be saved, will be saved for your retirement. No stone goes unturned at Goldberg & Associates; we are prepared to make sure you do everything you need to in order to max out those savings options, and make way for the time when you will get to retire.  

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