Will Drafting Services in Georgia

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Will Drafting

May a will be made through a representative?

No — under Article 1346 of the Civil Code, a will must be made by the testator in person; making it through a representative is not permitted.

Who may make a will?

Under Article 1345, a will may be made by a person of full age and legal capacity who, at the moment of making the will, is able to reasonably judge their own actions and clearly express their will.

Before how many witnesses does a notary record a will?

Under Article 1358, the notary records the will from the testator's words in the presence of two witnesses; the testator reads the recorded text and signs it before the notary and a witness.

Who may not be a witness to a will?

Under Article 1362 — minors, the heir under the will and his relatives by descent and ascent, a brother, a spouse, and the recipient of a legacy under the will (legatee).

What is a domestic will?

Under Article 1364, the testator may write the will with their own hand and sign it; this form is permitted without a notary's participation.

6 min·9 Jan 2026

The Legal Foundations of Making a Will

A will is the legal instrument through which a person determines the fate of their property after death. The Civil Code of Georgia lays down precise rules for wills: who is entitled to make one, in which forms a will may be executed, and who may not take part in its execution as a witness. This page explains the norms of the Civil Code on which will drafting rests — the requirements relating to the personality and capacity of the testator, the procedure for recording a will by a notary, the restrictions on witnesses, and the institution of the domestic will.

The most important principle of will-making is its personal character: under Article 1346 of the Civil Code, a will must be made by the testator in person, and making a will through a representative is not permitted. This means that neither an advocate, nor a notary, nor any family member may make a will in the testator's name. A lawyer's role in the process is confined to consultation and preparation of the draft text — the final decision and the signature on the will are exclusively the testator's personal acts, and this personal bond between the testator and the disposition is what the law protects.

Will Drafting

May a will be made through a representative?

No — under Article 1346 of the Civil Code, a will must be made by the testator in person; making it through a representative is not permitted.

Who may make a will?

Under Article 1345, a will may be made by a person of full age and legal capacity who, at the moment of making the will, is able to reasonably judge their own actions and clearly express their will.

Before how many witnesses does a notary record a will?

Under Article 1358, the notary records the will from the testator's words in the presence of two witnesses; the testator reads the recorded text and signs it before the notary and a witness.

Who may not be a witness to a will?

Under Article 1362 — minors, the heir under the will and his relatives by descent and ascent, a brother, a spouse, and the recipient of a legacy under the will (legatee).

What is a domestic will?

Under Article 1364, the testator may write the will with their own hand and sign it; this form is permitted without a notary's participation.

6 min·9 Jan 2026

The Legal Foundations of Making a Will