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Is will valid

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C

CGLASGOW

Guest
What is the name of your state? GA

I have a copy of my Father in law's will which I obtained from the county courthouse. It appears that it was not drawn up by an attorney and I was told by another attorney that I would have to find out who drew the will up to contest it. Wouldn't I hire an attorney to find this information out for me. Please help I've been given alot of bad advice and have come to a dead in.
 


Dandy Don

Senior Member
Get a second opinion about this from 2 other attorneys. Normally the assumption would be that the decedent made his own will. I don't think that what you were told is true.
 

JETX

Senior Member
"I was told by another attorney that I would have to find out who drew the will up to contest it."
*** Why?? A review of the Georgia Probate code shows that there are relatively few requirements to a valid will. Simply, if the will was signed by the testator and two qualified witnesses, it should be valid.

According to the Georgia Code (§53-4-20):
"(a) A will shall be in writing and shall be signed by the testator or by some other individual in the testator's presence and at the testator's express direction. A testator may sign by mark or by any name that is intended to authenticate the instrument as the testator's will.
(b) A will shall be attested and subscribed in the presence of the testator by two or more competent witnesses. A witness to a will may attest by mark. Another individual may not subscribe the name of a witness, even in that witness's presence and at that witness's direction.
(c) A codicil shall be executed by the testator and attested and subscribed by witnesses with the same formality as a will."

The full Probate Code for Georgia can be found at:
http://www.legis.state.ga.us/legis/GaCode/Title53.pdf
 

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