You have spent a lifetime building your assets, and now you want to make sure they go to the right people. Many assume that leaving someone out of a will is as simple as not mentioning them, but Georgia law does not always work that way. Knowing who has a legal claim to your estate and how to protect against unwanted challenges is essential to ensuring your plan holds up as you intend.
Georgia does not require you to name any particular person in a will
Georgia law gives you broad freedom when it comes to deciding who inherits your assets. You can leave your estate to a person, a group of people, a charity or any other entity you choose. There is no legal requirement to include a spouse, child or any other family member in your will for it to be valid.
Leaving out a spouse or child does not always work
Even if your will does not mention your spouse or children, Georgia law may still entitle them to a portion of your estate. If you leave out a spouse or child entirely, they may have grounds to claim the share they would have received had you died without a will.
Under Georgia’s intestate succession rules, a surviving spouse shares equally with your children but receives no less than one-third of your estate. Simply omitting a spouse or child from your will is not a reliable way to disinherit them. If you intend to reduce or eliminate what a spouse or child receives, your will needs to say so clearly and deliberately.
Life changes make your will outdated
A will that made perfect sense when you wrote it may no longer reflect your wishes or your current circumstances. Under Georgia law, if you marry, have a child or adopt after signing your will and your will makes no provision for that person, they may be entitled to a share of your estate regardless of your intentions.
Reviewing and updating your will after any significant life change is an important part of ensuring your plan still works as you intend.
How to make sure your will reflects your true intentions
The language in your will matters. Vague or incomplete instructions can leave the door open for disputes, especially when a spouse or child feels entitled to more than you have left them. An estate planning lawyer can review your documents, identify any gaps and make sure your plan is structured in a way that accurately reflects your intentions and stands up to challenges.