Who can serve as a witness to a will?

In Georgia, two witnesses are typically required to verify a testator’s signature when they create a will. These witnesses need to be capable of attesting to the fact that the testator knowingly and willingly signed the document at the time it was created. Typically, these witnesses must be individuals who are not related to the testator in any way and who also are not inheriting anything from the will. The Georgia Code §53-1-2 states that the witnesses must be competent and “disinterested”. This means that they must be able to understand the legal implications of witnessing the will and must have no personal interest in the outcome of the will. For example, they cannot be the designated executor of the will or a beneficiary of the will. Additional evidence of the testator’s signature and intent is typically required when there are multiple witnesses to the will. This means that the witnesses must sign the document in front of each other and at the same time as the testator. The Georgia Code §53-1-3 states that no witnesses need to sign an affidavit to verify the will. In Georgia, witnesses to wills must be at least 18 years old and must also be mentally competent so that they can understand the legal implications of their roles. It is also important that the witnesses are aware of the contents of the will, which is why they must sign the document in front of the testator and each other.

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