Law for Making a Georgia Will

Every estate has its own requirements of what is acceptable to pass as a valid last will and testament. The Law for making a Georgia Will is contained in chapter 4 of the revised probate code:
§ 53-4-10. Minimum age; conviction of crime (a) Every individual 14 years of age or older may make a will, unless laboring under some legal disability arising either from a want of capacity or a want of perfect liberty of action. (b) An individual who has been convicted of a crime shall not be deprived of the power to make a will. § 53-4-20. Required writing; signing; witnesses; codicil (a) A will shall be in writing and shall be signed by the testator or by some other individual in the testator’s presence and at the testator’s express direction. A testator may sign by mark or by any name that is intended to authenticate the instrument as the testator’s will. (b) A will shall be attested and subscribed in the presence of the testator by two or more competent witnesses. A witness to a will may attest by mark. Another individual may not subscribe the name of a witness, even in that witness’s presence and at that witness’s direction. (c) A codicil shall be executed by the testator and attested and subscribed by witnesses with the same formality as a will. § 53-4-21. Knowledge of contents of will by testator Knowledge of the contents of a will by the testator is necessary to the validity of a will. If the testator can read, the testator’s signature or acknowledgment of that signature is presumed to show such knowledge. § 53-4-22. Competency of witness (a) Any individual who is competent to be a witness and age 14 or over may witness a will. (b) If a witness is competent at the time of attesting the will, the subsequent incompetence of the witness shall not prevent the probate of the will. § 53-4-23. Testamentary gift to witness or witness’s spouse (a) If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the will. (b) An individual may be a witness to a will by which a testamentary gift is given to that individual’s spouse, the fact going only to the credibility of the witness.

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