QUESTION
georgia law and code. does the two witnesses to a will have to sign the will at the same time infront of eachother
Asked on Apr 15th, 2016 on Wills and Probate - Georgia
More details to this question:
in the state of Georgia im getting conflicting information on how the two witnesses sign a will. the testator has already signed the will. my question is did the two witnesses have to sign together at same time or could one witness sign the will one day and then the next day the other witness sign. would this be considered a valid will in this situation. thanks.
2 ANSWERS
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In order for a Will to be properly executed, the testator must be able to see each of the witnesses sign, and each witness has to see the other witness sign. The witnesses must also either (1) see the testator sign or (2) see the testator acknowledge to the witnesses that the signature on the Will is the testator's signature. Under the facts presented in your question, the Will would not be validly executed if the testator has already signed, one witness signs on one day, and the other witness signs on another day.
Answered on Apr 18th, 2016 at 5:27 AM
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This is one of the more confusing matters concerning the execution of a will. First, the witnesses do not need to see the testator sign the will. If they do not see him sign the will, then the testator must ask the witnesses to witness his will. He needs to let the witnesses know that he has signed the document, it is his will, and it is what he wants. He must see, or be able to see if he chose to see, the witness sign the will. The witnesses do not need to see each other witness the will, and it can even be performed on different days and in different places. While this procedure will inevitably create a situation where a will challenge is possible, it conforms to the letter of the law.
Answered on Apr 18th, 2016 at 4:23 AM