Last Will and Testament for Married Person with Adult and Minor Children
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.
