2021 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 4 - Wills
Article 3 - Execution and Attestation
§ 53-4-22. Competency of Witness

1. Any individual who is competent to be a witness and age 14 or over may witness a will.
2. 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.

(Code 1981, §53-4-22, enacted by Ga. L. 1996, p. 504, § 10.)

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

- The general provisions concerning the competency of witnesses, referred to in the Comment, are now found at O.C.G.A. § 24-6-601.

- For article, "Execution, Revocation and Revalidation of Wills: A Critique of Existing Statutory Formalities," see 11 Ga. L. Rev. 297 (1977).

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Wills, §§ 169, 269, 370. 80 Am. Jur. 2d, Wills, §§ 840 et seq., 885. 81 Am. Jur. 2d, Witnesses, § 637.

- 95 C.J.S., Wills, §§ 171, 223, 260 et seq., 582 et seq., 629.

- Knowledge derived from family correspondence as qualifying one to testify as to genuineness of handwriting, 7 A.L.R. 261.

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

Manner of signing as affecting sufficiency of signature of testator, 31 A.L.R. 682; 42 A.L.R. 954; 114 A.L.R. 1110.

Presumption as to due execution of will from attestation, with or without attestation clause, 76 A.L.R. 617.

Sufficiency, as to form, of signature to holographic will, 75 A.L.R.2d 895.

Sufficiency of testator's acknowledgment of signature from his conduct and the surrounding circumstances, 7 A.L.R.3d 317.

Wills: testator's illiteracy or lack of knowledge of language in which will is written as affecting its validity, 37 A.L.R.3d 889.

Wills: necessity that attesting witness realize instrument was intended as will, 71 A.L.R.3d 877.