Is a holographic (handwritten) will valid in Georgia? Attorney Sarah Siedentopf answers that question in Siedentopf Law’s latest video. #estateplanning
VIDEO TRANSCRIPT:
My question for today is, are holographic wills valid in Georgia? What is a holographic will?
A holographic will is a will written entirely in the testator’s (testator being the person making the will) own handwriting and then signed without any witnesses. Generally speaking, wills require witnesses. People have to watch the testator sign the will and then sign saying that they watched and that the other witnesses were also there. But in some states, if you do a holographic will (AKA a handwritten will that you wrote yourself and then signed) you don’t have to have witnesses. In Georgia, holographic wills are not valid. You are required to have witnesses for every single will. Now, if you wrote out your own will and have witnesses, that would be perfectly fine. There is no requirement that a will be typed. Just that there be witnesses. Of course, you also want to make sure that when you are signing that you sign in all of the correct places. I’ve certainly seen wills where all of the signatures are not in place, particularly, one recently where the affidavit saying that the will had been signed was signed, but the will itself was not signed. This is not a surprise you want to have after someone passes away. So if you are thinking about doing a will, make sure you have witnesses. If you know someone else who is thinking about it or who has recently done it, make sure they check that they’ve done it properly. If you have any questions, let me know. Thanks.
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