Common Mistakes to Avoid in Making a Will
Wills should be part of every estate plan in Georgia, but it is important to know that there are certain things you should do when making a will, as well as certain things you should not do. What are some common mistakes you should avoid when you are creating your will? And how can you avoid them? Consider the following information from our Norcross estate planning attorneys.
Relying on an Online Template
Many Georgia residents — especially those who do not have assets totaling a significant value, or only have a limited number of assets — make the mistake of assuming that one of the online templates for drafting a will is going to be sufficient. However, online templates cannot take into account any of the specificities of your property and your particular circumstances, and sometimes they do not even properly attend to valid will-making requirements under Georgia law. Often, the online template does not include important items such as a self-proving affidavit or a bond waiver provision, which may cause issues when administering the will after passing.
A Self-Proving Affidavit in Georgia is a notarized legal document attached to a will that affirms the will was properly executed under Georgia law. It is signed by the testator (person making the will) and the witnesses at the time the will is executed. The affidavit serves as sworn testimony that the will was signed voluntarily, in the presence of witnesses, and with sound mind. Its primary benefit is that it allows the will to be admitted to probate without requiring the witnesses to appear in court after the testator’s death, thereby simplifying and speeding up the probate process.
In Georgia, including a “no bond” clause in a will allows the named executor to serve without having to post a probate bond, which is otherwise typically required by law. A bond serves as a type of insurance to protect the estate in case the executor mishandles funds. However, if the will clearly states that no bond is required—using language like “I direct that no bond be required of any executor appointed under this will”—the probate court will generally honor that directive. This waiver can save the estate both time and money by avoiding the cost of a bond and streamlining the executor’s appointment. Even without a bond, the executor remains legally responsible for managing the estate properly and can still be held accountable for any wrongdoing.
Failing to Be Specific
Your will should be as specific as possible. If you simply leave all of your assets, for example, to your surviving adult children, family issues and disputes are likely to arise. While you may not want to list every single tangible and intangible asset you own, it is important to be as detailed and specific as possible so that your wishes can be carried out as you want them to be, and with as little dispute among your beneficiaries as possible.
Not Including Burial Instructions
In Georgia, a person creating a will (the “testator”) may include burial instructions to guide their executor and family on how they wish to be laid to rest, but such instructions are not legally binding and do not override the authority of the appointed executor. Here’s how they work:
Personal preferences: You can include details like whether you wish to be buried, cremated, and any specific funeral arrangements, such as the preferred cemetery, type of service, or music.
Executor’s role: The executor is not obligated to follow instructions they didn’t personally verify or deem practical, but including them helps ensure your wishes are known and considered.
Funding: If you want to ensure your wishes are carried out, you should designate funds for those arrangements—often through pre-paid funeral plans or a separate trusts or payable-on-death account—so the executor isn’t limited by estate liquidity.
Clarity and practicality: To avoid misinterpretation, burials instructions should be clear, specific, and realistic, and accompanied by necessary contact information (e.g., funeral home, cemetery).
No substitute for proper planning: If you have complex or binding wishes (like donation of remains, green burial, or specific religious rites), consider using a separate funeral directive or advance directive, which can carry more legal weight outside the will.
Burial instructions in a Georgia will are a useful way to express your personal preferences. While they are not legally mandatory, failure to include then in your will along with dedicating funds or a separate directive helps is problematic for your family when administering the will after passing.
Missing Requirements
Many people try to write a will on their own and miss important requirements, such as signatures from two witnesses, or specific beneficiary designations. If your will does not have all of the necessary components, it may not be possible for your wishes to be carried out. And even if your will meets the requirements under Georgia law, if you forget to name an executor, the process for carrying out the terms of your will can take significantly more time and delay your beneficiaries’ ability to inherit your assets.
Not Working with an Estate Planning Lawyer
One of the biggest mistakes you can make is deciding to make your will on your own, and without ever consulting an attorney. Much too often, people make wills on their own that ultimately are not in line with Georgia law and cannot govern the distribution of their assets. You can make sure that your will is complete and valid by working with an attorney.
Contact a Gwinnett County Estate Planning Lawyer
Making a will is essential for all adults in Norcross and throughout Georgia, yet many people do not have a will that meets all of the requirements for validity under Georgia law. While you might think that making a will is easy enough that you can simply draft one on your own without assistance from a lawyer, there are many mistakes that can be made when Gwinnett County residents draft their own wills without legal assistance. At Bowman Law Firm, we want to make sure that your will avoids common pitfalls and that it complies with all requirements under Georgia law so that your wishes can be upheld. An experienced Gwinnett County estate planning attorney at Bowman Law Firm can speak with you today about creating a valid will and giving yourself peace of mind.
Source:
law.justia.com/codes/georgia/title-53/
