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Will Drafting

Can I write a will in a foreign language in Georgia?

Yes, but for it to be notarized and valid in Georgia, it typically must be translated into Georgian and certified by a notary.

Does a will cover foreign assets?

A Georgian will generally covers assets located in Georgia. For assets abroad, it is often better to have a separate will in that jurisdiction to avoid conflicts of law.

Is a handwritten will valid without a notary?

Yes, a "holographic will" is valid if it is entirely written, dated, and signed by the testator's own hand. Typed wills must be notarized.

Can I leave everything to my friend and nothing to my family?

Not entirely. Your children, spouse, and parents have a right to a "forced share" (half of their statutory entitlement) regardless of what the will says.

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Will Drafting: Legal Guarantee of Your Wishes

A will is the only legal document that allows you to determine the fate of your property after death while you are still alive. The culture of will drafting is gradually developing in Georgia as citizens realize that a clearly expressed will avoids family conflicts, misunderstandings, and lengthy court disputes among heirs. Without a will, your property will be distributed according to the rules of "intestate succession" (inheritance by law), which does not always coincide with the owner's wishes (for example, property may be divided among distant relatives, while a person dear to you who is not a relative receives nothing).

Drafting a will is not just listing property; it is a complex process that requires knowledge of the Civil Code of Georgia. An incorrectly drafted will (e.g., violating form requirements) may be declared void, rendering your wishes powerless. Legal.ge offers professional will drafting services, where experienced lawyers will help you formulate your will in a legally sound manner so that it is enforceable and protected from challenges.

What Does the Will Drafting Service Cover?

Specialists on Legal.ge provide full support:

  • Asset Inventory and Structuring: Describing all assets (real estate, business shares, bank accounts, intellectual property) and determining their legal status.
  • Legal Consultation: Providing information on the forced share (entitled to children, parents, and spouses) and advice on how to avoid violating this rule.
  • Drafting the Will Text: Creating a clear and unambiguous text that excludes various interpretations.
  • Appointing an Executor: Defining a trusted person (executor) who will ensure the fulfillment of the will's conditions after death.
  • Conditional Wills: Including conditions upon fulfillment of which the heir receives the property (e.g., obtaining an education), provided this does not contradict the law.
  • Organizing Notarization: Assisting in scheduling a visit to a notary and going through procedures, giving the will the highest legal force.

Common Scenarios and Real-World Examples

Will drafting is particularly relevant in the following cases:

  • Unregistered Marriage: Partners live together without signing a marriage certificate. Without a will, in case of death, the other partner will receive nothing, as they are not an heir by law.
  • Complex Family Structure: You have children from different marriages and want specific property to go to a specific child to avoid disputes between them.
  • Business Protection: You want the right to manage the business to pass to a competent heir rather than being divided among all relatives, which could paralyze the company.
  • Charitable Goals: You want to donate part of the property to a foundation or organization.

Georgian Legal Framework

Will drafting is regulated by Articles 1344-1459 of the Civil Code of Georgia. The law distinguishes two main forms of wills:

1. Notarial Will: Drawn up in written form and certified by a notary. This is the most reliable form, as the notary verifies the testator's capacity and freedom of will. The original is kept with the notary, preventing its loss or destruction.

2. Domestic Will: The testator can write the will themselves. It is mandatory that the text be entirely written by their hand (not typed), dated, and signed. Such a will is easier to contest (e.g., due to signature authenticity or mental state), so lawyers recommend the notarial form.

It is important to know about the Forced Share: You cannot completely disinherit first-class heirs by will; they are entitled to half of the share due by law.

Step-by-Step Service Process

Working with a specialist on Legal.ge is simple and confidential:

  1. Consultation: Listening to your wishes and providing legal advice.
  2. Drafting: Preparing a draft of the will that accurately reflects your intentions.
  3. Agreement: Clarifying text details and creating the final version.
  4. Execution: Visiting a notary to sign and certify the will.
  5. Registration: Registering the will in the electronic registry (in case of notarial form).

Why Choose Legal.ge?

A will is the result of your life's work. Do not let chance decide the fate of your property. Legal.ge gives you access to empathetic and professional lawyers who will help you create a solid legal document. Ensure a peaceful future for your heirs today.

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