When you’re dealing with the loss of a loved one, a difficult situation is made even more challenging if they’ve left behind an unsigned will.
We’ll take a look at Georgia’s requirements for a will to be valid, as well as some alternative options if a will has been declared invalid:
Related Article: Best Methods of Dispute Resolution for Will and Trust Disputes
Georgia’s Stance On Unsigned Wills
According to the State of Georgia, a will is defined as a legal document that specifies how a person’s property should be divided after they pass away. In our state, a valid will must meet the following criteria:
- Written Document: The will has to be in writing.
- Signature: It must be signed by the person making the will (the testator) or someone designated by the testator.
- Witnesses: At least two competent witnesses must sign the will after either the testator signs in the witnesses’ presence or the testator acknowledges his signature on the will to the witnesses
If there is no valid will, Georgia law dictates that the deceased’s property will be distributed according to the law of descent and distribution, under which the spouse and children have first rights to inherit.
What Happens To An Unsigned Will?
An unsigned will is invalid in Georgia. The law requires the signature of the person who made the will in order for it to be legally recognized. The will is not considered a legal document until the moment it is properly executed.
Other Invalidating Factors
In addition to being unsigned, several other factors can invalidate a will in Georgia:
Improper Dating
While having a date on the will isn’t a requirement in and of itself, it is best practice to include one. If a will goes undated, it could leave more room to be contested and held invalid, especially if there are questions about the timing of one will relative to othersthat may have been executed before or after the undated will.
Lack of Witnesses
A will must be signed and dated in front of at least two witnesses who are present together. These witnesses need to watch the testator sign the will, or the testator must at least acknowledge their signature on the will to the witnesses. A will witness should not be beneficiaries of the will. If the witnesses are beneficiaries, the will can still be deemed valid, but any bequests to the witnesses will be void.
Not of Sound Mind
According to the State of Georgia, the testator must be of sound mind when executing the will. If there is any doubt about the testator’s mental capacity at the time the willis signed, the document may be subject to challenge and invalidation.
Signed Under Duress
If the will was executed under duress or coercion, it may also be held invalid. This happens when someone is forced to sign against their will, or without a full understanding of what they are signing.
What Options Do Loved Ones Have?
If a will is unsigned, or risks being invalidated for other reasons, the beneficiaries named in the will may may still have options, including resolving their claims in settlement.
Consult an Estate Attorney:
An experienced estate attorney can assess the situation, determine the validity of any existing documents, and guide you through the legal process. At Gaslowitz Frankel, our team of experienced estate litigation attorneys can provide the support you need to earn the most favorable outcome.
Explore Other Estate Planning Documents:
While an unsigned will is not valid, assets that pass outside of the estate, including insurance policy proceeds, and certain accounts may still provide for disappointed beneficiaries. Beneficiary designations on all such assets should be carefully checked.
Related Article: What is the Success Rate for Will Contests in Georgia?
Consult Gaslowitz Frankel On Your Unsigned Will
Here at Gaslowitz Frankel, our goal is always to advocate for the best outcome for our clients. The key to a successful outcome regardless of the path you choose to take is connecting with an attorney from the very beginning.
If you are seeking help finding a resolution for a dispute, we’re here to help. Contact us by filling out our contact form for a free consultation about your case.
