Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 4. WILLS · Article 3. EXECUTION AND ATTESTATION

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

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
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.#
(b)
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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

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

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

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

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t52-t53-(v40)-2021-pdf.pdf, Volume V40, 2021 edition, page 371; merge action: carried; file SHA-256 062775612dfc.