Many Georgians believe that legacy by law is easier and less costly than legacy by will. Most testators in Georgia know that the same parts of their estate will be granted by law to their successors. A will is useful when a testator wishes to assign different shares of his/her estate by law or to break the heritage rule, and legate a portion of his/her estate to an inheritance successor of the lower order (e.g. 2nd, 3rd etc.) or to people outside the inheriting circle by law. ادهنتر
If a foreigner is the owner of property and permanently resides in Georgia, the foreigner is free to legate any successor or third party to a Will. When a foreigner owns real estate in Georgia, although he or she is not resident in Georgia, Georgian real estate law shall apply.
Two forms of will exist:
The notarized testament. The testator must be written and signed and certified by a notary. If a notary is not available, a local self-government body can confirm that will. The notarized person must make and sign two original written copies. A notary deposits one copy, and the testator keeps a second copy.
The desire without notary or "domestic will." The testator simply writes and signs a domestic will. A notarized testament is preferable, as if the tester's will is lost, damaged or destroyed, the testament can be restored to the notary.
Property can be donated during the owner's lifetime
Through a donation agreement, a donor may transfer property free of charge to any consenting donor. There is only one limit under law: a person is not entitled to donate property if the donor or his or her dependents are deprived of their means of livelihood.
However, after the donor dies, a gift to a third person can be challenging. A "reserved portion" eligible successor can claim their share in proportion to the size of the present. Donations are not considered if ten years have elapsed between the date of donation and the time of the opening of the estate. The only way to avoid disputes is to sell the gift: the new owner then becomes a genuine buyer, without any right to challenge the gift.
When property is donated to a legal successor up to five years before a succession is opened, the value of the property must be included in the successor's shares when the estate is distributed.
The property belongs to the registered owner under Georgian Law The courts look to the Public Register or Enterpreneurial Register in order to determine pre-death ownership of property in Georgia.