Georgia

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

§53-4-10, et seq

Operative Facts

1. Declarant must be competent
2. Declarant must be an adult
3. document must be signed by declarant
4. signature must be made in presence of 2 competent adults not related to declarant
5. any declaration constituting declarants intent shall be honored regardless of the form or when executed

Age of Testator

14 years and not “laboring under some legal disability arising from a want of capacity or from a want of perfect liberty of action.

Number of Witnesses Required

Must be subscribed and attested in testators presence by two or more competent witnesses; testator must sign/ acknowledge signature in presence of two witnesses.