As we have discussed before, the requirements for a will to be considered valid by the probate court varies from state to state. One of these factors that can change depending on the state is whether or not handwritten/holographic wills are accepted.
Sometimes these terms are mistakenly used interchangeably when they actually mean different things.
To put it simply, a holographic will is actually a type of handwritten will that is written entirely by the Testator’s hand but neglects other formalities required for wills in that state. For this reason, while handwritten wills are accepted in Georgia, holographic wills are NOT valid because they do not meet Georgia’s required formalities.
What happens if someone with a holographic will moves to Georgia?
Unlike Georgia, some states accept holographic wills, usually as a placeholder until a more valid will can be drafted.
Unfortunately, if someone who executed a holographic will in a state where holographic wills are valid moves to Georgia, the holographic will not be upheld. That person must create a new will meeting all of Georgia’s requirements to avoid dying intestate.
What are the requirements for a Last Will and Testament to be considered valid in Georgia?
- The Testator him/herself must sign the will.
- The Testator must be at least 14 years old.
- The Testator must be of “sound mind.”
- The Will must be written, not oral.
- The Will must be signed by two witnesses.
What should I do if I believe the Testator’s will is invalid?
If you plan to contest a will, consult an experienced attorney who can evaluate your case to determine whether you have sufficient evidence is sufficient to support your claim and help you create the best course of action.
Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes, representing individuals, executors, trustees, investors, shareholders, and corporate fiduciaries in complex fiduciary disputes involving wills, estates, trusts, guardianships, and businesses. If you are involved in a fiduciary dispute, contact us for a consultation.
