QUESTION

what happens in Georgia if there are only 2 witnesses to a codicil and one of them is a beneficiary of that codicil?

Asked on Nov 17th, 2012 on Wills and Probate - Georgia
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Personal Injury Attorney serving Fayetteville, GA at Wade Law Office
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If a beneficiary is also a witness, typically in Georgia the result is that the benefits which the witness/beneficiary was to receive under the Will or codicil are not received. This is because you can either be a witness or a beneficiary, but not both, and the law tends to lean towards upholding the Will. Allowing the witness/beneficiary to be a witness but not a beneficiary can allow the Will to remain valid in other respects. Disqualifying the witness/beneficiary as a witness would prevent the Will from being valid at all. Therefore, the witness/beneficiary receives nothing but is counted as a witness.
Answered on Nov 19th, 2012 at 7:26 AM

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