Why make a will?
A will allows you to plan the disposition of your property
upon your death. In other words, it is your statement of who
gets what.
If you don't have a will, or if you don't take some other
steps to plan your estate, your property will be divided upon
your death according to the laws of your state of residence.
If you are a Georgia resident, your spouse and your children
will divide it equally, except that a spouse cannot end up
with less than 25%. If you have no spouse or children, under
current Georgia law your parents would receive your property.
If your parents are deceased at the time of your death, your
brothers and sisters would divide your property. If you have
no brothers and sisters, there are further rules about who
are your next of kin.
A will must meet legal requirements to be enforceable. A
will must be in writing, and under Georgia law must be signed
in the presence of two witnesses. Other states may require
three witnesses, or a Notary Public.
A person making a will has to be of sound mind when the will
was made. That means a person has to have the mental capacity
to understand the choices being made. If a court proceeding
for construction of a will is required, the goal of the proceeding
is to determine the intent of the testator and put that into
effect.
A will must be probated in order to put the will into effect
after death. The processes of probate vary from state to state.
In Georgia, the process is relatively efficient.
If there are no objections to the will, and the witnesses
can be located, probate can sometimes be accomplished in one day.
A will cannot be amended except by a written document that
is witnessed as required for an original will. Many problems
are created when people have a will and strike out portions,
then write changes in by hand without these changes being
witnessed. These actions can void the will.
A person who wants to amend a will can instead prepare a
codicil, or a new will, or a “republication” of
the old will can be done.
Under Georgia law, certain actions can void a will. These
include birth of a child, adoption of a child, marriage, or
divorce. However, if the will provides that it is written
in contemplation of such an event, then that event will not
void the will. Often wills are drafted to plan for additional
children.
A will is not rendered void if it provides that any future
children are to be included in the bequests. If a will does
not contain such a provision, it can be rendered void if the
maker has additional children. A number of people may have
voided their will in this way, without knowing these rules.
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