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Table of Contents

Will Requirements in Georgia

Important Notes

  1. The declarant must be competent

  2. The declarant must be an adult

  3. The document must be signed by the declarant

  4. The signature must be made in the presence of two competent adults not related to the declarant

  5. Any declaration constituting declarant’s intent shall be honored regardless of the form or when executed

Legal Code

Age of Testator

  • 14 years

Number of Witnesses

  • 2 or more competent witnesses

Oral (Nuncupative) Wills

  • Yes, under certain circumstances.

Holographic (Handwritten) Wills

  • Not recognized

Revocation of Wills

  • Yes. “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.” –GA Code § 53-4-44 (2020)

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