Marietta, GA asked in Estate Planning and Probate for Georgia

Q: Georgia Probate Question no one seems to have an answer to regarding beneficiary serving as a witness on a codicil

Ga Code 53-4-23a (2020) says

a. 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.

Does the court stipulate or make a declaration that says as much? or is this only an issue if another named beneficiary challenges Does the court accept beneficiary as a witness unconditionally and it's a "do so at your own peril" kind of thing? What is the "process" that voids testamentary gift?

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1 Lawyer Answer
Janelle Johnson
Janelle Johnson
  • Estate Planning Lawyer
  • Gaithersburg, MD
  • Licensed in Georgia

A: This is more so an issue if there is a challenge to the will. As a matter of law, the bequest would be void.

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