# 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.

- Confidential

- Georgian · English · Russian

- Free first consultation

- Courts of all instances

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

FormHow it is madeWhat to knowNotarial willThe testator writes and signs it, a notary certifies itThe most reliable; a notarial will takes priority and cannot be revoked by a will in another formRecorded by a notaryThe notary writes down the testator's words with 2 witnesses presentThe testator reads it and signs it in front of the notary and a witnessHandwritten willThe testator writes it by hand and signs itCan 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

- [Civil Code of Georgia](https://matsne.gov.ge/ka/document/view/31702)

- [Law on Notaries](https://matsne.gov.ge/ka/document/view/90928)

Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.

## Related topics

- [#Inheritance](https://mmlaw.ge/en/inheritance-lawyer/)

- [#Family & children](https://mmlaw.ge/en/family-lawyer/)

- [#Property](https://mmlaw.ge/en/real-estate-lawyer/)

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- [Inheritance lawyer](https://mmlaw.ge/en/inheritance-lawyer/)

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- [Legal help for Georgians living abroad](https://mmlaw.ge/en/georgians-abroad/)

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- [Dividing marital property in a Georgian divorce](https://mmlaw.ge/en/marital-property-division/)

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- [Gambling debts](https://mmlaw.ge/en/gambling-debts-georgia/)

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- [Accepting an inheritance in Georgia from abroad](https://mmlaw.ge/en/blog/inheritance-from-abroad/)

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- [Power of attorney from abroad for use in Georgia](https://mmlaw.ge/en/blog/power-of-attorney-from-abroad/)

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- [Accepting an inheritance · Georgians abroad](https://mmlaw.ge/en/georgians-abroad/accepting-an-inheritance/)

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- [Real estate lawyer](https://mmlaw.ge/en/real-estate-lawyer/)

Practice areas

## Other practice areas

- [Criminal defense](https://mmlaw.ge/en/criminal-defense-lawyer/) — Defense at every stage — from investigation and arrest to trial and appeal.

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- [Property crimes](https://mmlaw.ge/en/property-crime-lawyer/) — Defence in theft, robbery, fraud, extortion, embezzlement and misappropriation cases.

- [Economic crimes](https://mmlaw.ge/en/economic-crime-lawyer/) — Defence against tax evasion, money laundering, customs and other economic charges.

- [Corruption and official crimes](https://mmlaw.ge/en/corruption-crime-lawyer/) — Defence in bribery, trading in influence and abuse of official power cases.

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- [Civil litigation](https://mmlaw.ge/en/civil-litigation-lawyer/) — Contract, property and damages disputes — negotiated or argued in court.

- [Administrative law](https://mmlaw.ge/en/administrative-law-lawyer/) — Challenging decisions of public bodies, fines, permits and licences.

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- [Corporate law](https://mmlaw.ge/en/corporate-lawyer/) — Company formation, contracts, compliance and shareholder matters.

- [Real estate](https://mmlaw.ge/en/real-estate-lawyer/) — Due diligence, purchase agreements, registration and property disputes.

- [Family law](https://mmlaw.ge/en/family-lawyer/) — Divorce, custody, alimony and division of property — handled with discretion.

- [Inheritance](https://mmlaw.ge/en/inheritance-lawyer/) — Accepting an inheritance, the certificate of inheritance, wills and disputes between heirs.

- [Intellectual property](https://mmlaw.ge/en/intellectual-property-lawyer/) — Trademarks, copyright and protection of your creative and business assets.

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Source: https://mmlaw.ge/en/wills-in-georgia/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge
