Comprehensive Guide to Making a Codicil to Will in Georgia

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A codicil to will in Georgia may be an option if you are looking to make an addition or revision to your will. Learn more here from an attorney.

Author: Paul Black

Paul’s experience as the son of two parents with big health challenges is what led him to the work he does today and gives him first-hand knowledge of the challenges that many caregivers and family members face. After graduation from GSU Law, Paul was chosen from dozens of applicants nationwide as one of three 2010-2011 Borchard Foundation Law & Aging Fellows. Paul has been named as  a SuperLawyers “Rising Star” in the area of Estate Planning and as a member of Georgia’s “Legal Elite” by Georgia Trend magazine. Published on: February 03, 2021. Last updated on: February 16, 2021.

Understanding a Codicil to Will in Georgia

Codicil to Will in Georgia section

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Since unforeseen life changes are common, an update or revision referred to as a codicil to a will in Georgia is entirely typical in the legal world. 

According to Georgia law, a person at least 14 years old can legally write a will. When you consider that, it is apparent that a minor engaged in estate planning will experience many changes over time and must revoke the original signed will or revise the document through the use of codicils to reflect their evolving needs.

Amendments are necessary actions to keep the will structured and prevent any unforeseen updates or mistakes that weren’t accounted for in the original will. Generally, a codicil works when making small modifications to a living will. It would help if you worked with a legal representative when composing an addendum to ensure that there are no disputes between the two documents.

A skilled attorney from the Law Office of Paul Black considers the significance of keeping a will up-to-date, along with guaranteeing that you have the latest information concerning your recipients and other essential estate matters.

What Is a Codicil to a Will Written in Georgia?

By definition, a codicil to a will written in Georgia is an addition or supplement to a will. A codicil basically either contributes to, removes, or modifies what is currently defined within a will. This legal action does not revoke the will. Instead, it merely alters specifically defined parts of the will and is acceptable in probate court.

In some circumstances, when a substantial codicil is required, it might be more beneficial to meet with legal representation and determine whether a totally new will is a better option or if a codicil is sufficient. A completely new will may be less confusing upon death for each beneficiary. However, codicils are fantastic to make an upgrade that will detail the last wishes you have for your estate.

How to Make a Codicil to a Will in Georgia

How to Make a Codicil to a Will in Georgia

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If it has been a few years since you initially created the original plan for your estate, there may have been some changes in your circumstances, making you wonder how to make a codicil to a will in Georgia. Since the will doesn’t go into effect until the person it pertains to passes away and it clears probate court, you can alter it at any time as long as you are psychologically competent.

A will can be altered by writing a new one or implementing a codicil, which is a composed document that updates an existing will. A codicil in Georgia should be carried out according to the same guidelines that apply to carrying out original wills. You need to include the name and signature of two witnesses for the will to be valid.

You are never required to inform the beneficiaries of your will that you are making changes, and you don’t need their approval or permission. An estate planning law firm will help you execute a codicil to your will in Georgia.


How an Estate Planning Law Firm Can Help You Amend or Revoke a Valid Will

A lawyer will supply valuable services to help you amend or add to your Georgia will. Given that it is a change to the existing document, customizing the will requires a law firm with experience in estate law, including the following areas of the law:

  • Changing the signed form to add or remove a specific beneficiary
  • Creating entirely new wills, trusts, and estate plans according to the testator’s wishes
  • Eldercare including health care, incapacity planning, and Medicaid or Medicare planning 
  • Guardianship and Conservatorship
  • Living wills
  • Powers of Attorney
  • Probate issues, which include the distribution of property
  • Special needs planning
  • Trust preparation

When finalizing an addendum to the original will, a knowledgeable legal counselor will examine both documents to ensure there are no disagreements between the two. A lawyer will check the codicil and can notarize the file, including additional securities if certified to do so. 

If it pertains to a living will, the codicil needs to be sent to anybody who has an existing copy of the Georgia living will, including monetary institutions and others with copies of the initial will. This ensures there are no questions regarding what your last wishes are. 

Codicil to Last Will and Testament Forms

To get started making revisions to your estate plan, your attorney will help you complete codicil to your last will and testament forms. Typically, people want to make updates to their will for various factors like who gets their residential or commercial property or how it is to be divided among beneficiaries. In other circumstances, they may wish to alter who the administrator of the will is. 

There might be other modifications for your will that require a codicil, such as the following:

  • Alter the classification of a guardian for a minor 
  • Birth of a child that should be added to the will
  • Change in the marital status of a recipient
  • Death of a recipient 
  • Purchased a new home or commercial property

Furthermore, the testator might wish to attend to tax effects within the will by using a codicil. A reputable lawyer in the area will gather the information to create a versatile but binding document that will dissuade a person without a claim to the testator’s property from contesting the will in Georgia.

Codicil to Last Will and Testament Forms

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Completing a Codicil Form Georgia

Codicil Form Georgia

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When completing your codicil form in Georgia, you want to use a compatible style to your existing will. These requirements generally differ from one state to another. Typically, you are required to sign the codicil to your will in Georgia with two witnesses present. A legal agent can assist you through the specific requirements.


Contact a Reputable Law Firm to Complete a Codicil to Your Will in GA

When you need to make amendments to your will in Georgia, you require a firm that concentrates on ensuring their clients’ wishes are clear and binding. They will listen to the testator’s objectives and issues so they can assist in making any essential modifications to the estate planning documents. This attention to detail ensures that the codicils to the will accurately reflect the testator’s wishes at all times.

To learn more about codicils, contact our law office to schedule a consultation with an experienced legal representative in Georgia. Paul Black will address your concerns and help you achieve your goals.

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