QUESTION

How do I know if a will is legal in Georgia? It has 2 witnesses & an X as a signature.

Asked on Sep 06th, 2021 on Wills and Probate - Georgia
More details to this question:
The executor is not contacting us about the legality of a hand written will .
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Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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It could be legal depending on what the witnesses say about the execution.  If they say it was the testator who put the X on the line and they saw it, then the will is probably valid.
Answered on Sep 07th, 2021 at 11:14 AM

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Wills Attorney serving Alpharetta, GA
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In order to be valid in Georgia, a Will has to either be signed by the testator (the person who is making the Will) or by someone acting at the request of the testator. It then must be signed by at least two witnesses, neither of whom should be persons named in the Will as beneficiaries, ideally (although it can still be valid if one of them is also named as a beneficiary, under certain circumstances). The witnesses must have either seen the testator sign the Will (or seen the person acting at the testator's request sign and seen the testator asking that person to sign for her) or the testator must have shown them the Will and the signature and told them that she has signed it as her Will. The witnesses must then sign the Will while in the presence of the testatory (generally interpreted as being where the testatory could see them sign while they were doing so). The testator must have had the required level of mental capacity to sign the Will at the time it was signed, which is relatively low- basically, she had to have at least some idea of who she was, who her family was, and what she owned.   If the document you are being shown has all of those things, it is valid. Unfortunately, you can't be absolutely sure that all of that happened unless you were actually there, so to some extent you have to rely on the statements of the person who is offering the Will for probate and the statements of the witnesses. However, if you really don't think that the Will is valid, then you have options for challenging it. If you are not sure whether a Will is really valid, you should take a copy of it, along with a copy of anything else that you've been given and perhaps asked to sign, to an attorney of your choice (one who deals with probate and, preferably, contested estates). The attorney can review the documents, ask for more information, and help you decide whether you want to try to make a challenge to the offered Will.   Please note: a "holographic" Will is NOT recognized in Georgia, but a holographic Will is generally defined as one that is written entirely in the testator's handwriting and not witnessed. The fact that the Will  you describe has 2 witnesses is what may make it legally valid in Georgia. The fact that it is handwritten has nothing to do with it.   Best wishes to you.
Answered on Sep 07th, 2021 at 5:14 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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