Legal Question in Wills and Trusts in Georgia

Last Will and Testament

A Will has been written that states if you contest the Will, you will be excluded from the Will. Is this legal?

Is it legal to sign a Will if your on your death bed and under the influence of morphine or other such drugs while in a hospital or hospice?

Is it legal to sign a Will(Witness it) at a hospital or hospice, and then take the Will elsewhere to have it notorized?

Is it legal to be named the Executor of a Will, yet still be in the Will?

Thank you for your time.


Asked on 10/06/04, 11:46 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Last Will and Testament

A Will has been written that states if you contest the Will, you will be excluded from the Will. Is this legal?

Yes, and it's common.

Is it legal to sign a Will if your on your death bed and under the influence of morphine or other such drugs while in a hospital or hospice?

As long as the person knew what they were doing, yes.

Is it legal to sign a Will(Witness it) at a hospital or hospice, and then take the Will elsewhere to have it notorized?

Sure. Georgia wills do NOT require a notary at all. After signing, the witnesses and testator can, at that time or later, go before a notary and make the well self-attesting with a special addition to the will.

Is it legal to be named the Executor of a Will, yet still be in the Will?

Yes - that's normal and often recommended. MOST wills have an executor who is named in a will.

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Answered on 10/06/04, 11:55 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Last Will and Testament

Yes. All of these things are legal and common practice.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 10/07/04, 8:09 am


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