Legal Question in Wills and Trusts in Georgia

Codicils

1)What do I need to make a codicil I drafted to my will

legitimate?

2) Where in the will should I include a wish to be cremated? Another codicil?


Asked on 1/02/03, 12:11 pm

2 Answers from Attorneys

Hugh Wood Wood & Meredith

Re: Codicils

A codicil must be created with the same formality as the underlying will. Thus, it must be in writing signed by the TESTATOR (you), in front of 2 witnesses who are competent (a notary is not absolutely required). The witnesses must see you sign in their presence for it to be valid. (You can do a self prover affidavit with a Notary, but that is a longer explaination). As to your second question, you may put cremation instructions in the codicil. It matters not where you put them. Many times, that may be done by instructions to the family with no will at all. Make sure that your main will is valid You signed in front of 2 witnesses who saw you sign. Becuase if yoiu have a valid Codicil but no valid will -- well its a long explain. Only the codicil will survive. Hugh Wood

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Answered on 1/03/03, 1:29 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Codicils

I think this is too important for you to undertake by yourself. It should cost very little to consult a local attorney. You need to have the existing will reviewed in person.

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Answered on 1/12/03, 11:55 am


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