2021 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 4 - Wills
Article 2 - Testamentary Capacity
§ 53-4-12. Freedom of Volition

Universal Citation: GA Code § 53-4-12 (2021)

A will must be freely and voluntarily executed. A will is not valid if anything destroys the testator's freedom of volition, such as fraudulent practices upon the testator's fears, affections, or sympathies; misrepresentation; duress; or undue influence whereby the will of another is substituted for the wishes of the testator.

(Code 1981, §53-4-12, enacted by Ga. L. 1996, p. 504, § 10.)

Law reviews.

- For survey article on wills, trusts, guardianships, and fiduciary administration for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003). For annual survey of law of wills, trusts, guardianships, and fiduciary administration, see 56 Mercer L. Rev. 457 (2004). For survey article on wills, trusts, guardianships, and fiduciary administration, see 59 Mercer L. Rev. 447 (2007). For comment on Ehlers v. Rheinberger, 204 Ga. 226, 49 S.E.2d 535 (1948), see 11 Ga. B.J. 348 (1949).


Am. Jur. 2d.

- 79 Am. Jur. 2d, Wills, §§ 371 et seq., 394 et seq.

Undue Influence in Execution of Will, 36 POF2d 109.


- 95 C.J.S., Wills, §§ 343, 345 et seq., 686 et seq.


- Fraud as distinguished from undue influence as ground for contesting will, 28 A.L.R. 787; 92 A.L.R. 790.

Presumption and burden of proof as to undue influence on testator, 66 A.L.R. 228; 154 A.L.R. 583.

Admissibility and weight on issue of mental capacity or undue influence in respect of will or conveyance, of instruments previously executed by the person in question, 82 A.L.R. 963.

Undue influence by third person in which immediate beneficiary did not participate, 96 A.L.R. 613.

Form and particularity of allegations to raise issue of undue influence, 107 A.L.R. 832.

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.

Admissibility of declarations of testator on issue of undue influence, 148 A.L.R. 1225.

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.

Rights and remedies against one who induces, prevents, or interferes in the making, changing, or revoking of a will, or holds the fruits thereof, 11 A.L.R.2d 808.

Judgment denying validity of will because of undue influence, lack of mental capacity, or the like, as res judicata as to validity of another will, deed, or other instrument, 25 A.L.R.2d 657.

Admissibility in will contest of financial condition or needs of those constituting natural objects of testator's bounty, 26 A.L.R.2d 374.

Drawing will or deed under which he figures as grantee, legatee, or devisee as ground of disciplinary action against attorney, 98 A.L.R.2d 1234.

Presumption or inference of undue influence from testamentary gift to relative, friend, or associate of person preparing will or procuring its execution, 13 A.L.R.3d 381.

Wills: undue influence in gift to testator's attorney, 19 A.L.R.3d 575.

Solicitation of testator to make a will or specified bequest as undue influence, 48 A.L.R.3d 961.

Existence of illicit or unlawful relation between testator and beneficiary as evidence of undue influence, 76 A.L.R.3d 743.

Liability in damages for interference with expected inheritance or gift, 22 A.L.R.4th 1229.

Action for tortious interference with request as precluded by will contest remedy, 18 A.L.R.5th 211.

Attorneys at law: disciplinary proceedings for drafting instrument such as will or trust under which attorney-drafter or member of attorney's family or law firm is beneficiary, grantee, legatee, or devisee, 80 A.L.R.5th 597.

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