Legal Last Will

Note: This summary is not intended to be an all-inclusive discussion of the law of wills in Georgia, but does contain basic and other provisions. This summary does not include handwritten wills, or the situation where the testator cannot write his or her name. Summary is based on the Georgia Revised probate code of 1998.

Minimum age: 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. 53-4-10.

Execution: A will shall be in writing and shall be signed by the testator and shall be attested and subscribed in the presence of the testator by two or more competent witnesses. 53-4-20.

Competency of witness: Any individual who is competent to be a witness and age 14 or over may witness a will. 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. 53-4-22.

Testamentary gift to witness or witness's spouse: 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. 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. 53-4-23.

Self-proved will or codicil: At the time of its execution or at any subsequent date during the lifetime of the testator and the witnesses, a will or codicil may be made self-proved and the testimony of the witnesses in the date regarding such will may be made unnecessary by the affidavits of the testator and the attesting witnesses made before a notary public. The will you have found contains the self-proving affidavit. 53-4-24.

Express or implied revocation:

(a) A revocation may be express or implied.

(b) An express revocation occurs when the testator by writing or action expressly annuls a will. An express revocation takes effect instantly.

(c) An implied revocation results from the execution of a subsequent inconsistent will that does not by its terms expressly revoke the previous will. An implied revocation takes effect only when the subsequent inconsistent will becomes effective. If the subsequent inconsistent will fails to become effective from any cause, the implied revocation is not completed. 3-4-42.

Subsequent will or other written instrument: An express revocation may be effected by a subsequent will or other written instrument that is executed, subscribed, and attested with the same formality as required for a will. 53-4-43.

Destruction or obliteration of will or material portion thereof: An express revocation may be effected by any destruction or obliteration of the will done by the testator with an intent to revoke or by another at the testator's direction. The intent to revoke shall be presumed from the obliteration or cancellation of a material portion of the will, but such presumption may be overcome by a preponderance of the evidence. 53-4-44.

Effect of testator's marriage, or birth or adoption of child; provision in will for class of children: (a) Except as otherwise provided under the paragraph below entitled, Effect of testator's divorce, annulment, or remarriage to former spouse, the marriage of the testator, the birth of a child to the testator, including a posthumous child born within ten months of the testator's death, or the adoption of a child by the testator subsequent to the making of a will in which no provision is made in contemplation of such event shall result in a revocation of the will. 53-4-48.

Effect of testator's divorce, annulment, or remarriage to former spouse: All provisions of a will made prior to a testator's final divorce or the annulment of the testator's marriage in which no provision is made in contemplation of such event shall take effect as if the former spouse had predeceased the testator. If the testator remarries the former spouse and the testator has not revoked or amended the will that was made prior to the divorce or annulment, the remarriage shall not result in the revocation of the will and the provisions of the will that were revoked solely due to the application of this section shall be revived. 53-4-49.