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Who Can Make a Will?

Posted by Steve Worrall | Jan 21, 2022

Q: WHO CAN MAKE A WILL? A. Any individual can make a will so long as he or she is of legal age (in most states 18 years of age; in Georgia you can make a will at the age of 14)) and is mentally competent. In other words, a person needs to know and understand that he or she is executing a will and making provisions to distribute his or her property to designated beneficiaries after his or her death.

A. Each state has its own statute outlining what is needed for a legal will. However, in general a will is considered valid, regardless if it is a handwritten or computer generated document, so long as the following conditions are met:
1. The individual writing the will is of legal age;
2. The individual is of a sound mind, or has testamentary capacity. Essentially this means that a person understands that he or she is making a will and further understands the nature and extent of his or her estate and that he or she is disposing his or her assets upon death;
3. The individual's intention is to make a will to dispose of his or her property;
4. The individual voluntarily signed the will, and was not under duress to do so;
5. The will properly disposed of the individual's property; and
6. The will was signed, and dated in front of two disinterested witnesses. A disinterested witness is not listed in the will as a beneficiary. The witnesses also need to sign the will.

About the Author

Steve Worrall

As a sandwich generation kid himself (caring for both children and aging parents), Marietta Georgia Estate Planning Elder Law & Probate Attorney Steve (Stephen M.) Worrall KNOWS the struggles you are facing as you raise children, balance the demands of your job, and take care of your aging parent...

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