How to Change a Will in Georgia
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How Do You Change a Will in Georgia?
Do you want to learn how to change a will in Georgia? Get in touch with Perigon Legal Services. We can be of service to you. Book an appointment with us today.
Author: Stan Faulkner, Founder, Perigon Legal Services, LLC
Mr. Faulkner is an experienced counselor and litigator with 15 years of experience, having held bar licenses in four states (Mo, Il, Ct and Ga). Stan Faulkner uses this experience and focuses his skills in the pursuit of assisting individuals in probate (trust and estate) matters, guardianships and conservatorships, estate planning, business disputes and contract disputes. Published on August 22, 2023.
Your last will and testament is a legal document that expresses your wishes on how your estate and personal property will be managed after you pass. If, during your lifetime, you experience a major life event that affects your existing will, you may decide to modify it.
In Georgia, you can change, modify, update, or revoke your will as long as you are mentally competent. The only challenge you may face is deciding how to change your will without compromising its validity.
While there are no legal requirements to change your, the process can still require legal expertise. You may need the help of an estate planning attorney to guide you in every step and make sure your final wishes are legally binding.
What Is the Process of Changing a Georgia Will?
In Georgia, there are two main ways of making changes to a will:
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Creating a new will
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Using a codicil, which will amend the old will
Creating a new will is the most preferred way to change an estate plan. However, creating a new will without revoking the older one can make it vulnerable when challenged in court. Therefore, you may need to revoke the old will.
Once the document is drafted, you have to append your signature in the presence of two witnesses who are not beneficiaries.
The witnesses must also sign in each other’s presence and acknowledge that they witnessed the testator’s signature.
If your new will makes substantial or conflicting changes to the old one, consider physically destroying the previous version to avoid future confusion and challenges.
You should keep your updated documents in a safe and easily-accessible place, such as with your attorney. You can also keep a copy with a trusted family member or friend.
How to Revoke a Will in Georgia?
You can revoke your Georgia will in one of the following ways:
1. Create a subsequent will (new will)
In the new will, specify that you revoke all or parts of the previous will. If you only want to revoke some elements in your old will and maintain the rest, this may be your best option. However, you must have testamentary capacity and intent when creating the new will for it to be valid. The new will needs to be drafted without undue influence, coercion, or fraud. It should also contain the required valid signatures, and witnesses must conform to the law.
2. Destroy the old will together with its copies
You can burn, shred, or rip the signature from it to revoke the entire will.
What Is a Codicil to a Will in Georgia?
Codicils in Georgia are defined as an addition or supplement to an existing will to modify or revoke it. A codicil to a will must meet all the legal requirements of a regular will and must indicate testamentary intent.
Because a codicil is an added document to the will, it may lead to unnecessary confusion and open the will to legal challenges in a probate court.
When Should I Change My Georgia Will?
You may consider updating your will whenever you undergo a significant life event. You can also modify it when the laws governing wills and estates change. The rule of thumb is to review your estate planning documents yearly. Contact your attorney whenever you think changes must be implemented.
Major life events that may require a will change or update include the following:
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Divorce
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Worsening health
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A new child, grandchild, or stepchild
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Marriage or remarriage
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Fallout with a person who was to benefit from the will
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Relocation from Georgia, which views marital property as community property, to a common law property state
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Financial setbacks
What Should I Do After I Change My Will?
Once you have updated your last will, you need to make sure it is notarized and has the proper signatures. You may also double-check that your witnesses meet state laws and regulations.
Next, keep your will in a safe box or at a bank and notify a trusted person where you stored it. Inform your trusted ones or attorney if you have other estate planning documents.
You may give copies of the original will to a trusted relative or an attorney. If you decide to do so, make sure the copies are marked as such. You can also indicate with a note where the original copy is.
What Is a Deed of Assent in Georgia?
According to Georgia law, a deed of assent expresses the approval of an estate executor to transfer property to the rightful heirs of a deceased person. This document acknowledges that a transfer has been done according to the will. Before a person receives the deed of assent, they will have to clear any debts or loans attached to the property.
Perigon Legal Services Can Help You Change Your Georgia Will?
Do you wish to make changes to your Georgia will? The assistance of a trusted last will and testament attorney can be invaluable. Our skilled attorneys can help you:
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Execute all documents and procedures properly
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Understand the legal requirements for changing a will in Georgia
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Find the best way to structure your new estate plan
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Draft and file the necessary documentation
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Establish guardianship arrangements for your minor children
Wills help people avoid arguments and claims during the probate process. However, if your will is not water-tight, conflict may arise regardless and you wishes may not be fulfilled. Perigon lawyers can navigate any complexities surrounding your will change in Georgia and make sure your family doesn’t have to go through probate due to an ambiguous or conflicting will.
Are you seeking an estate planning attorney for your will change? Contact Perigon Legal Services for a free consultation today!
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