Legal Question in Wills and Trusts in Georgia

My longtime domestic partner passed away in July of this year. He did leave a will that was signed and his signature was notorized. There was also one witness who's signature was also notorized at the same time. His sister's lawyer is claiming this is not a legal will in Georgia because their was only one witness. Is this will considered legal in the State of Georgia with only one witness?


Asked on 9/22/10, 6:08 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Wills in Georgia do NOT require a notary. They MUST have at least two witnesses. (The two witnesses and testator can sign in front of a notary to make it "self-proving."

Get to a lawyer immediately and STOP talking to the sister's lawyer. (It's possible that the notary signed in a way to actually be a witness - there's no way to know without seeing it).

Your post is a sad testimony to why it is always foolish for people to try and save a couple hundred dollars by not using a lawyer to write a will. If the will is invalid, a domestic partner is not an heir.

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Answered on 9/27/10, 6:34 pm


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