Legal Question in Wills and Trusts in Georgia

can a notorized statement be used as a modification to a existing will?

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Asked on 1/27/13, 3:34 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No (unless it is executed with the same formalities as a will). And now the even worse news - the statement may be treated as a deliberate revocation of the will, leaving the person intestate. When people try to bypass lawyers and practice law, these types of consequences are common.

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Answered on 1/27/13, 4:13 pm

No. A codicil (a codicil is a change to a will) must be witnessed just like a will. To be self-proving, it has to be notarized as well.

Don't try and do this yourself thinking to save a few bucks and end up leaving your loved ones a costly lawsuit (assuming you are the one trying to change your will this way).

It would be better to have it done properly by an attorney so that the person making the will does not run the risk of invalidating the will as noted by Attorney Ashman. If that occurs, the person making the will is going to be treated as dying without any will at all, which I am sure is not what the person would want.

If you are asking for someone else, please pass along the information from Attorney Ashman and myself.

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Answered on 1/27/13, 8:18 pm


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