A will is one of the most vital documents in property distribution and estate litigation. It contains directives on what will happen to your estate and assets after you pass away. Your will can be typed or handwritten (holographic). However, for a handwritten will to be valid, it must meet various legal requirements. Some states, including Georgia, do not accept holographic wills at all. Here is a breakdown of how to make a handwritten will legally valid and avoid estate litigation.
Write Your Will in Your Own Handwriting
A will’s validity is one of the most common causes of estate litigation. Your heirs might challenge the validity of your handwritten will if they believe someone other than you wrote it. Writing your will in your handwriting can help quell these fears and prevent costly and protracted legal battles. In any case, your loved ones already know your handwriting. The document should be legible, making it easy to read. Ensure you sign the will and include the date to avoid disputes between beneficiaries.
Name Your Executor
Naming a trusted executor can help prevent estate litigation if the administrator performs their duties diligently without bias. The executor should be independent and not take sides, lest the beneficiaries initiate estate litigation if they believe the executor’s actions are not in their best interests.
Have Two Competent Witnesses
Handwritten wills are not valid in some states, including Georgia. However, you can make your holographic will valid by having two competent witnesses sign the document. Witnesses must meet state legal requirements before signing a will. They must be of sound mind and know you personally. It is best to sign your handwritten will in the presence of an estate attorney for professional guidance.
Consult Experienced Estate Litigation Attorneys
While a handwritten will is the easiest way to outline your last wishes, confirming its validity can be complex, especially if it does not have witness signatures. In any case, the probate court may have to verify your handwriting to authenticate its validity. Additionally, some aggrieved family members might question whether it was the final version and if you prepared it with undue influence. Consulting an experienced estate litigation attorney can help your heir avoid this situation. Contact The Williams Litigation Group for solutions to prepare and validate your holographic will.