Preparing a will starts with a reliable picture of your assets, family circumstances and wishes. A lawyer can help clarify instructions and identify issues to take through the appropriate execution process. Drafting, valid execution, safekeeping and the later inheritance procedure are separate steps.
Your instructions must be personal
Under the Civil Code, a will is a personal act and cannot be made through an agent. Capacity, free intention and the required form matter. Remote document preparation or a power of attorney should not be presented as a substitute for the testator’s own valid act.
Write down your wishes in ordinary language before drafting. Identify intended beneficiaries precisely and flag any person who may be affected but is not included. Tell the adviser about pressure, uncertainty or difficulty understanding a document.
Build an asset and liability inventory
Separate assets you own from assets belonging to a company, spouse, co-owner or another person. Include debts and restrictions as well as value. Keep the inventory understandable enough for someone else to locate the records later.
- Identity, family and relevant civil-status records
- Property addresses, cadastral codes and ownership extracts
- Company interests, account details and other significant assets
- Mortgages, loans, guarantees and other liabilities
- Existing wills, inheritance agreements or related foreign documents
Questions to resolve before execution
Consider which assets or shares you wish to leave, how beneficiaries are identified and what should happen if circumstances change. Ask the adviser to explain any limits affecting the proposed distribution, including protected inheritance rights.
Do not assume that a document titled ‘will’ is valid merely because it has been signed. Confirm the required form, witnesses or notarial steps where applicable, language and understanding, and how the executed original will be held.
When people or assets are abroad
List every relevant country, nationality, residence and asset location. Provide the full text of any foreign will rather than a short summary. Coordinated advice may be needed to avoid one document unintentionally revoking or contradicting another.
Translation and authentication do not by themselves answer whether a foreign document has the intended legal effect in Georgia. Applicable law, recognition and the later registry or notarial process should be considered separately.
After signing: custody and later changes
Keep a record of where the valid original is held and how it can be found. Review the plan after a major family, ownership, residence or financial change. Do not casually annotate a signed document: ask how an amendment or replacement should be executed.
Keep working drafts distinct from the executed version. An accurate list of document dates and later changes can prevent confusion for family members and professional advisers.
If the person has already died
The task is then estate administration or an inheritance dispute, not preparation of that person’s will. Preserve the death record, existing will, family documents, asset information and evidence of any steps already taken. Contact counsel or the appropriate notary promptly to assess acceptance, deadlines and other heirs’ positions.
Do not distribute or sell property based only on an informal copy or a family understanding. The documents, authority and any required registration need to be checked.
Common questions
Can someone sign my will using a power of attorney?
No. The Civil Code requires the testator to make the will personally. Get advice on the proper execution process for your circumstances.
Can I use a foreign will for Georgian property?
Its effect requires individual review of the document, applicable law, form and recognition. Do not assume that translation alone is sufficient.
Do I need to bring original documents to the first enquiry?
Start with a summary and arrange a secure review channel. The lawyer or notary can then identify which originals and official records are needed for the relevant step.
Official source
Check the applicable current text and any special rules for the transaction.
This guide provides general preparation information. The correct documents, formalities and next step depend on the facts and applicable law.