What happens if a will is found to be invalid?

In the state of Georgia, if a will is found to be invalid it means that the person who the will was written by, commonly referred to as the testator, did not meet the legal requirements necessary in order for the will to be legally binding. Due to this, the court will determine that the will is invalid, meaning that it cannot be used as a way to distribute the testator’s assets among their heirs. When a will is found to be invalid, the court will default to the state’s laws commonly referred to as intestacy laws. These laws are in place when someone dies without a valid will, and the state’s laws will dictate how the deceased’s assets will be distributed amongst their heirs. The assets will be divided in accordance with the laws of intestacy, which applies a formula that takes into account the relationship of the heirs to the deceased. In some cases, if the court finds that the person who wrote the will was not of a sound mind when they wrote it, the court may choose to throw out the will entirely and go solely with the intestacy laws. This is why it is important that a testator has a valid will, and also that it is created while they are in a sound state of mind. If the will is found to be invalid, it may not be possible to create another will to replace it, so it’s important to have extensive care taken when creating and signing a will.

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What happens if a will is found to be invalid?

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