2021 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 4 - Wills
Article 2 - Testamentary Capacity
§ 53-4-10. Minimum Age; Conviction of Crime

Universal Citation: GA Code § 53-4-10 (2021)
  1. Every individual 14 years of age or older may make a will, unless laboring under some legal disability arising either from a want of capacity or a want of perfect liberty of action.
  2. An individual who has been convicted of a crime shall not be deprived of the power to make a will.

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

Cross references.

- Age of majority, § 39-1-1.

Law reviews.

- For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).


Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 113-206, are included in the annotations for this Code section.

When an inmate donates the inmate's body by will, and the body is not claimed, notice should be posted on the courthouse door for 24 hours and the board should be notified of the name of the school or college specified by the inmate in the inmate's will. 1965-66 Op. Att'y Gen. No. 66-84 (decided under former Code 1933, § 113-206).


Am. Jur. 2d.

- 79 Am. Jur. 2d, Wills, §§ 2, 47 et seq., 53, 54, 62 et seq.

Intentional Omission of Child from Will, 6 POF2d 95.

Determination of Heirship, 12 POF2d 459.

Mentally Disordered Testator's Execution of Will During Lucide Interval, 18 POF2d 1.

Decedent's Gift to Heir as Advancement, 35 POF2d 357.

Lack of Testamentary Capacity by Reason of Insane Delusion, 40 POF2d 339.

Alzheimer's and Multi-Infarct Dementia - Incapacity to Execute Will, 17 POF3d 219.

AIDS Dementia - Incapacity to Execute Will, 19 POF3d 335.

Proof of Incompetency, 62 POF3d 197.

Determination of Heirship, 68 POF3d 93.

Proof of Decedent's Intent That Inter Vivos Gift to Heir Constitutes Advancement, 83 POF3d 295.


- 95 C.J.S., Wills, §§ 3, 4 et seq.


- Will of blind person, 9 A.L.R. 1416; 37 A.L.R. 603.

Epilepsy as affecting testamentary capacity, 16 A.L.R. 1418.

Admissibility of evidence other than testimony of subscribing witnesses to prove due execution of will, or testamentary capacity, 63 A.L.R. 1195.

Construction and application of statutes authorizing the appointment of trust company as guardian, trustee, or administrator upon application or consent of one acting as such (or as executor), or one entitled to appointment as such, 105 A.L.R. 1199.

Necessity of affirmative evidence of testamentary capacity to make prima facie case in will contest, 110 A.L.R. 675.

Admissibility of evidence on question of testamentary capacity or undue influence in a will contest as affected by remoteness, relative to the time when the will was executed, of the facts or events to which the evidence relates, 124 A.L.R. 433.

Illustrations of instructions or requested instructions as to effect of unnaturalness or unreasonableness of provisions of will on question of testamentary capacity or undue influence, 137 A.L.R. 989.

Soldiers' and seamen's wills, 152 A.L.R. 1450.

Proper form of question to witness or of testimony of witness, as regards mental condition of person whose capacity to execute a will is in issue, 155 A.L.R. 281.

Admissibility of declaration by beneficiary named in will in support of claim of undue influence or lack of testamentary capacity, 167 A.L.R. 13.

Admissibility and probative force, on issue of competency to execute an instrument, of evidence of incompetency at other times, 168 A.L.R. 969.

Insane delusion as invalidating a will, 175 A.L.R. 882.

Admissibility of testator's declarations upon issue of genuineness or due execution of purported will, 62 A.L.R.2d 855.

Admissibility, on issue of testamentary capacity, of previously executed wills, 89 A.L.R.2d 177.

Effect of guardianship of adult on testamentary capacity, 89 A.L.R.2d 1120.

Testamentary capacity as affected by use of intoxicating liquor or drugs, 9 A.L.R.3d 15.

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.

Partial invalidity of will: may parts of will be upheld notwithstanding failure of other parts for lack of testamentary mental capacity or undue influence, 64 A.L.R.3d 261.

Convict's capacity to make will, 84 A.L.R.3d 479.

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