Wills in Georgia — making and challenging a will
With a will, you decide who gets your property. We help you make a will that no one can successfully contest — and we protect heirs when a will is unfair or was made in breach of the law.
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A will can be made by an adult with legal capacity who, at that moment, can reasonably judge their own actions. A will must be made in person — it cannot be made through a representative. Only spouses can make a joint will, about inheriting from each other. You can change or revoke a will at any time.
You can leave property to relatives, to other people or to organisations. But the deceased's children, parents and spouse are entitled to a compulsory share regardless of the will — half of what they would have received without a will (Civil Code, Article 1371).
Forms of a will
| Form | How it is made | What to know |
|---|---|---|
| Notarial will | The testator writes and signs it, a notary certifies it | The most reliable; a notarial will takes priority and cannot be revoked by a will in another form |
| Recorded by a notary | The notary writes down the testator's words with 2 witnesses present | The testator reads it and signs it in front of the notary and a witness |
| Handwritten will | The testator writes it by hand and signs it | Can be handed to a notary in a sealed envelope for safekeeping, with 3 witnesses present |
A witness cannot be a minor, an heir under the will or their close relatives — parents, children, siblings or spouse. The notary and witnesses may not disclose the content of the will before the inheritance opens.
When a will can be challenged
- When making it, the testator could not understand the meaning of their actions — for example, because of a serious illness
- The will was made in breach of the legal rules — form, witnesses, signature
- The will was made through deception, coercion or another ground that makes a transaction void
- The provisions of the will are unclear or contradict each other
- The will ignores your compulsory share — in that case you claim the share separately
A claim to invalidate a will must be filed within 2 years of the inheritance opening — usually the day the person died. Once the will is invalidated, the estate is divided under the law.
Our services
- Drafting a will and having it certified by a notary
- Joint will of spouses
- Reviewing and changing an existing will
- Lawsuit to invalidate a will
- Claiming the compulsory share
- Executing the will and registering property to the heir
Questions & answers
Is a handwritten will valid?
Yes — a handwritten will is valid if the testator wrote it by hand and signed it. But it is easier to contest, so we recommend a notarial will.
Can I leave my child nothing at all?
Children, parents and the spouse are entitled to a compulsory share regardless of the will — half of their share under the law. The exception is when an heir has lost the right to inherit under the law, for example as an unworthy heir.
How long do I have to challenge a will?
2 years from the inheritance opening. After that, the will can no longer be challenged.
There are several wills — which one applies?
A newer will revokes the older one to the extent they conflict. A notarial will, however, takes priority and cannot be revoked by a will in another form.
Legal basis
Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.
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