There is a newer version of this Section
2017 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 4 - Wills
Article 2 - Testamentary Capacity
§ 53-4-11. Decided and rational desire; incapacity to contract; insanity; advanced age or eccentricity
Universal Citation: GA Code § 53-4-11 (2017)
- (a) Testamentary capacity exists when the testator has a decided and rational desire as to the disposition of property.
- (b) An incapacity to contract may coexist with the capacity to make a will.
- (c) An insane individual generally may not make a will except during a lucid interval. A monomaniac may make a will if the will is in no way connected with the monomania. In all such cases, it must appear that the will expresses the wishes of the testator unbiased by the insanity or monomania with which the testator is affected.
- (d) Neither advancing age nor weakness of intellect nor eccentricity of habit or thought is inconsistent with the capacity to make a will.
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