Testamentary Gift to Witness or Witness's Spouse

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Wills
  5. Execution and Attestation
  6. Testamentary Gift to Witness or Witness's Spouse

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  1. 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.
  2. 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.

(Code 1981, §53-4-23, enacted by Ga. L. 1996, p. 504, § 10.)

Cross references.

- Competency of witnesses generally, § 24-6-601 et seq.

Law reviews.

- For article discussing competency requirement for witnesses to a will in Georgia, see 11 Ga. L. Rev. 297 (1977).

COMMENT

This section carries over former OCGA Sec. 53-2-45.

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Wills, §§ 269, 274. 80 Am. Jur. 2d, Wills, § 885. 81 Am. Jur. 2d, Witnesses, § 637.

C.J.S.

- 95 C.J.S., Wills, § 260 et seq.

ALR.

- Competency of husband or wife of beneficiary as attesting witness to will, 25 A.L.R. 308.


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