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2020 Georgia Code
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
Universal Citation: GA Code § 53-4-23 (2020)
- 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.
- 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).
COMMENTThis 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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