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Wills, estate plans need to follow legal specifications

On Behalf of | Aug 7, 2021 | Estate planning

Though having an estate plan is the right move for nearly every adult in Georgia and across the country, it is important that those plans are created correctly. Even if a person believes that creating just a will is all that is necessary for their specific plans, more goes into making the document than just listing who gets what. If individuals do not follow the correct specifications when creating their estate plans, their families may not be able to use them. 

It is also important to note that most states have differing stipulations as to what makes a will valid. As a result, if a person created a will in one state and then moves to another, it is essential that the will is updated to fit any requirements that the new state may have. Far too often a lack of updated documents renders a plan invalid. 

Some other conditions that wills typically need to meet include the following: 

  • The person who created the will was at least 18 years old at the time of its creation. 
  • No one coerced the person into creating the document or changing any of its terms. 
  • The person was of sound mind and had the legal testamentary capacity to create a will. 
  • The document is in writing, hopefully in the form of a signed legal document. 
  • The document is signed by the testator and the appropriate number of witnesses. 

Other provisions may apply, so any Georgia resident considering their estate plans may want to ensure that they fully understand what makes their will valid. Because it can be complicated to know what is necessary, many people choose to work with experienced estate planning attorneys. These legal professionals can often help interested parties determine what planning tools may work best for their specific situations and ensure that the documents are drawn up properly.