reglab/housing_qa huggingface dataset:
GA Code § 53-4-22 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 3 - Execution and Attestation|§ 53-4-22. Competency of Witness

  Any individual who is competent to be a witness and age 14 or over may witness a will.   If a witness is competent at the time of attesting the will, the subsequent incompetence of the witness shall not prevent the probate of the will.     (Code 1981, §53-4-22, enacted by Ga. L. 1996, p. 504, § 10.)   Cross references.   - Competency of witnesses generally, § 24-6-601 et seq.   Editor's notes.   - The general provisions concerning the competency of witnesses, referred to in the Comment, are now found at O.C.G.A. § 24-6-601.   Law reviews.   - For article, "Execution, Revocation and Revalidation of Wills: A Critique of Existing Statutory Formalities," see 11 Ga. L. Rev. 297 (1977).   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, §§ 169, 269, 370. 80 Am. Jur. 2d, Wills, §§ 840 et seq., 885. 81 Am. Jur. 2d, Witnesses, § 637.   C.J.S.   - 95 C.J.S., Wills, §§ 171, 223, 260 et seq., 582 et seq., 629.   ALR.    - Knowledge derived from family correspondence as qualifying one to testify as to genuineness of handwriting, 7 A.L.R. 261.    Competency of husband or wife of beneficiary as attesting witness to will, 25 A.L.R. 308.    Manner of signing as affecting sufficiency of signature of testator, 31 A.L.R. 682; 42 A.L.R. 954; 114 A.L.R. 1110.    Presumption as to due execution of will from attestation, with or without attestation clause, 76 A.L.R. 617.   Sufficiency, as to form, of signature to holographic will, 75 A.L.R.2d 895.   Sufficiency of testator's acknowledgment of signature from his conduct and the surrounding circumstances, 7 A.L.R.3d 317.   Wills: testator's illiteracy or lack of knowledge of language in which will is written as affecting its validity, 37 A.L.R.3d 889.   Wills: necessity that attesting witness realize instrument was intended as will, 71 A.L.R.3d 877.
GA Code § 53-4-23 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 3 - Execution and Attestation|§ 53-4-23. Testamentary Gift to Witness or Witness's Spouse

  If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the will.   An individual may be a witness to a will by which a testamentary gift is given to that individual's spouse, the fact going only to the credibility of the witness.     (Code 1981, §53-4-23, enacted by Ga. L. 1996, p. 504, § 10.)   Cross references.   - Competency of witnesses generally, § 24-6-601 et seq.   Law reviews.   - For article discussing competency requirement for witnesses to a will in Georgia, see 11 Ga. L. Rev. 297 (1977).
GA Code § 53-4-30 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 4 - Joint or Mutual Wills|§ 53-4-30. Contract Concerning Succession

 A contract made on or after January 1, 1998, that obligates an individual to make a will or a testamentary disposition, not to revoke a will or a testamentary disposition, or to die intestate shall be express and shall be in a writing that is signed by the obligor.    (Code 1981, §53-4-30, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 7.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1996, "January 1, 1998," was substituted for "the effective date of this Code section".   Law reviews.   - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).
GA Code § 53-4-31 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 4 - Joint or Mutual Wills|§ 53-4-31. Definitions

  A joint will is one will signed by two or more testators that deals with the distribution of the property of each testator. A joint will may be probated as each testator's will.   Mutual wills are separate wills of two or more testators that make reciprocal dispositions of each testator's property.     (Code 1981, §53-4-31, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For article advocating restructuring or repeal of former Code 1933, § 113-104, see 11 Ga. L. Rev. 297 (1977). For annual survey of wills, trusts, guardianships, and fiduciary administration, see 58 Mercer L. Rev. 423 (2006). For comment on Webb v. Smith, 220 Ga. 809, 141 S.E.2d 899 (1965), see 2 Ga. St. B.J. 258 (1965).   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, § 670.   C.J.S.   - 97 C.J.S., Wills, §§ 2026, 2027, 2029 et seq.   ALR.    - Right to revoke will executed pursuant to contract, 3 A.L.R. 172.    Right of beneficiary to enforce contract between third persons to provide for him by will, 33 A.L.R. 739; 73 A.L.R. 1395.    Inequality of estates as affecting joint and mutual wills, 148 A.L.R. 756.    Joint, mutual, and reciprocal wills, 169 A.L.R. 9.   Right of party to joint or mutual will, made pursuant to agreement as to disposition of property at death, to dispose of such property during life, 85 A.L.R.3d 8.
GA Code § 53-4-32 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 4 - Joint or Mutual Wills|§ 53-4-32. Effect of Execution

 The execution of a joint will or of mutual wills does not create a presumption of a contract not to revoke the will or wills.    (Code 1981, §53-4-32, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-4-33 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 4 - Joint or Mutual Wills|§ 53-4-33. Revocation

  A joint will or mutual wills may be revoked by any testator in the same manner as any other will.   Revocation of a joint will or a mutual will by one of the testators shall not revoke the will of any other testator.     (Code 1981, §53-4-33, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For article advocating restructuring or repeal of former Code 1933, § 113-104, see 11 Ga. L. Rev. 297 (1977). For comment on Webb v. Smith, 220 Ga. 809, 141 S.E.2d 899 (1965), see 2 Ga. St. B.J. 258 (1965).   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, § 670.   C.J.S.   - 97 C.J.S., Wills, §§ 2026, 2027, 2029 et seq.   ALR.    - Right to revoke will executed pursuant to contract, 3 A.L.R. 172.    Right of beneficiary to enforce contract between third persons to provide for him by will, 33 A.L.R. 739; 73 A.L.R. 1395.    Inequality of estates as affecting joint and mutual wills, 148 A.L.R. 756.    Joint, mutual, and reciprocal wills, 169 A.L.R. 9.   Right of party to joint or mutual will, made pursuant to agreement as to disposition of property at death, to dispose of such property during life, 85 A.L.R.3d 8.
GA Code § 53-4-40 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 5 - Revocation and Republication|§ 53-4-40. Power of Testator

 A will may be changed or revoked by the testator at any time prior to the testator's death.    (Code 1981, §53-4-40, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For article discussing types of unintended revocation in Georgia, see 14 Ga. B.J. 281 (1952). For article analyzing the Georgia law relating to revocation and republication of wills, comparing it with the laws of other states, and suggesting some changes, see 11 Ga. L. Rev. 297 (1977). For annual survey of law on wills, trusts, guardianships, and fiduciary administration, see 62 Mercer L. Rev. 365 (2010).   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, §§ 324, 325, 469, 470, 667, 709, 710.   C.J.S.   - 95 C.J.S., Wills, §§ 1, 386.   ALR.    - Right to revoke will executed pursuant to contract, 3 A.L.R. 172.    Validity, construction, and effect of provisions of will relating to its modification or revocation, 72 A.L.R. 871.    Admissibility of declarations by testator on issue of revocation of will, 79 A.L.R. 1493; 172 A.L.R. 354.    Necessity that physical destruction or mutilation of will be done in testator's presence in order to effect revocation, 100 A.L.R. 1520.    Inequality of estates as affecting joint and mutual wills, 148 A.L.R. 756.   Conflict of laws respecting revocation of will, 9 A.L.R.2d 1412.   Destruction or cancellation of one copy of will executed in duplicate, as revocation of other copy, 17 A.L.R.2d 805.   Wills: revocation as affected by invalidity of some or all of the dispositive provisions of later will, 28 A.L.R.2d 526.   Codicil as reviving revoked will or codicil, 33 A.L.R.2d 922.   Interlineations and changes appearing on face of will, 34 A.L.R.2d 619.   Spouse's right to take under other spouse's will as affected by antenuptial or postnuptial agreement or property settlement, 53 A.L.R.2d 475.   Construction and effect of statute providing that agreement made by a testator for sale or transfer of property disposed of by will previously made does not revoke or adeem such disposition, 62 A.L.R.2d 958.   Revocation of will as affecting codicil and vice versa, 7 A.L.R.3d 1143.   Admissibility of testator's declarations on issue of revocation of will, in his possession at time of his death, by mutilation, alteration, or cancellation, 28 A.L.R.3d 994.   Revocation of witnessed will by holographic will or codicil, where statute requires revocation by instrument of equal formality as will, 49 A.L.R.3d 1223.   Right of party to joint or mutual will, made pursuant to agreement as to disposition of property at death, to dispose of such property during life, 85 A.L.R.3d 8.   Establishment and effect, after death of one of the makers of joint, mutual, or reciprocal will, of agreement not to revoke will, 17 A.L.R.4th 167.   Sufficiency of evidence of nonrevocation of lost will not shown to have been inaccessible to testator - modern cases, 70 A.L.R.4th 323.
GA Code § 53-4-41 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 5 - Revocation and Republication|§ 53-4-41. Intent

 In all cases of revocation, the intent to revoke is necessary.    (Code 1981, §53-4-41, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, § 508.   C.J.S.   - 95 C.J.S., Wills, § 390.   ALR.    - Effect of testator's attempted physical alteration of will after execution, 62 A.L.R. 1367; 24 A.L.R.2d 514.    Revocation by ratification or adoption of physical destruction or mutilation of will without testator's knowledge or consent in first instance, 99 A.L.R. 524.    Necessity that physical destruction or mutilation of will be done in testator's presence in order to effect revocation, 100 A.L.R. 1520.   Destruction or cancellation of one copy of will executed in duplicate, as revocation of other copy, 17 A.L.R.2d 805.   Revocation of will as affecting codicil and vice versa, 7 A.L.R.3d 1143.   Revocation of witnessed will by holographic will or codicil, where statute requires revocation by instrument of equal formality as will, 49 A.L.R.3d 1223.   Testator's failure to make new will, following loss of original will by fire, theft, or similar casualty, as constituting revocation of original will, 61 A.L.R.3d 958.
GA Code § 53-4-42 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 5 - Revocation and Republication|§ 53-4-42. Express or Implied Revocation

  A revocation may be express or implied.   An express revocation occurs when the testator by writing or action expressly annuls a will. An express revocation takes effect instantly.   An implied revocation results from the execution of a subsequent inconsistent will that does not by its terms expressly revoke the previous will. An implied revocation takes effect only when the subsequent inconsistent will becomes effective. If the subsequent inconsistent will fails to become effective from any cause, the implied revocation is not completed.     (Code 1981, §53-4-42, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, §§ 471, 474, 479, 487.   C.J.S.   - 95 C.J.S., Wills, § 398 et seq.   ALR.    - Necessity that later will refer to earlier will in order to effect a revocation under statutes providing that a will may be revoked by a subsequent will declaring the revocation, 28 A.L.R. 691.    Necessity that physical destruction or mutilation of will be done in testator's presence in order to effect revocation, 100 A.L.R. 1520.    Possibility of avoiding or limiting effect of clause in later will purporting to revoke all former wills, 125 A.L.R. 936.    Admissibility of declarations by testator on issue of revocation of will, 172 A.L.R. 354.   Destruction or cancellation of one copy of will executed in duplicate, as revocation of other copy, 17 A.L.R.2d 805.   Wills: revocation as affected by invalidity of some or all of the dispositive provisions of later will, 28 A.L.R.2d 526.   Implied revocation of will by later will or codicil, 59 A.L.R.2d 11.   Revocation of will as affecting codicil and vice versa, 7 A.L.R.3d 1143.   Revocation of will by nontestamentary writing, 22 A.L.R.3d 1346.   Revocation of witnessed will by holographic will or codicil, where statute requires revocation by instrument of equal formality as will, 49 A.L.R.3d 1223.
GA Code § 53-4-43 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 5 - Revocation and Republication|§ 53-4-43. Subsequent Will or Other Written Instrument

 An express revocation may be effected by a subsequent will or other written instrument that is executed, subscribed, and attested with the same formality as required for a will.    (Code 1981, §53-4-43, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, §§ 484, 603.   C.J.S.   - 95 C.J.S., Wills, § 398 et seq.   ALR.    - Necessity that later will refer to earlier will in order to effect a revocation under statutes providing that a will may be revoked by a subsequent will declaring the revocation, 28 A.L.R. 691.    Revocation of later will as reviving earlier will, 28 A.L.R. 911; 162 A.L.R. 1072.    Competency of attesting witness who is not benefited by will except as it revokes an earlier will, 64 A.L.R. 1306.    Necessity that physical destruction or mutilation of will be done in testator's presence in order to effect revocation, 100 A.L.R. 1520.    Possibility of avoiding or limiting effect of clause in later will purporting to revoke all former wills, 125 A.L.R. 936.    Admissibility of declarations by testator on issue of revocation of will, 172 A.L.R. 354.   Destruction or cancellation of one copy of will executed in duplicate, as revocation of other copy, 17 A.L.R.2d 805.   Effect of testator's attempted physical alteration of will after execution, 24 A.L.R.2d 514.   Wills: revocation as affected by invalidity of some or all of the dispositive provisions of later will, 28 A.L.R.2d 526.   Revocation of will as affecting codicil and vice versa, 7 A.L.R.3d 1143.   Revocation of will by nontestamentary writing, 22 A.L.R.3d 1346.   Admissibility of testator's declarations on issue of revocation of will, in his possession at time of his death, by mutilation, alteration, or cancellation, 28 A.L.R.3d 994.   Revocation of witnessed will by holographic will or codicil, where statute requires revocation by instrument of equal formality as will, 49 A.L.R.3d 1223.   Claim for punitive damages in tort action as surviving death of tortfeasor or person wronged, 30 A.L.R.4th 707.   Sufficiency of evidence that will was not accessible to testator for destruction, in proceeding to establish lost will, 86 A.L.R.3d 980.   Revocation of prior will by revocation clause in lost will or other lost instrument, 31 A.L.R.4th 306.   Ademption or revocation of specific devise or bequest by guardian, committee, conservator, or trustee of mentally or physically incompetent testator, 84 A.L.R.4th 462.
GA Code § 53-4-44 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 5 - Revocation and Republication|§ 53-4-44. Destruction or Obliteration of Will or Material Portion Thereof

 An express revocation may be effected by any destruction or obliteration of the will done by the testator with an intent to revoke or by another at the testator's direction. The intent to revoke shall be presumed from the obliteration or cancellation of a material portion of the will, but such presumption may be overcome by a preponderance of the evidence.    (Code 1981, §53-4-44, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 15.)   Law reviews.   - For article surveying developments in Georgia wills, trusts, and administration of estates law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 307 (1981). For article, "Wills, Trusts, and Administration of Estates," see 53 Mercer L. Rev. 499 (2001). For annual survey of law on wills, trusts, guardianships, and fiduciary administration, see 62 Mercer L. Rev. 365 (2010).   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, §§ 507 et seq., 522, 572.   C.J.S.   - 95 C.J.S., Wills, §§ 390, 410, 411, 412.   ALR.    - Effect of testator's attempted physical alteration of will after execution, 62 A.L.R. 1367; 24 A.L.R.2d 514.    Revocation by ratification or adoption of physical destruction or mutilation of will without testator's knowledge or consent in first instance, 99 A.L.R. 524.    Necessity that physical destruction or mutilation of will be done in testator's presence in order to effect revocation, 100 A.L.R. 1520.   Destruction or cancellation of one copy of will executed in duplicate, as revocation of other copy, 17 A.L.R.2d 805.   Revocation of will as affecting codicil and vice versa, 7 A.L.R.3d 1143.   Admissibility of testator's declarations on issue of revocation of will, in his possession at time of his death, by mutilation, alteration, or cancellation, 28 A.L.R.3d 994.   Testator's failure to make new will, following loss of original will by fire, theft, or similar casualty, as constituting revocation of original will, 61 A.L.R.3d 958.   Sufficiency of evidence that will was not accessible to testator for destruction, in proceeding to establish lost will, 86 A.L.R.3d 980.   Ademption or revocation of specific devise or bequest by guardian, committee, conservator, or trustee of mentally or physically incompetent testator, 84 A.L.R.4th 462.
GA Code § 53-4-46 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 5 - Revocation and Republication|§ 53-4-46. Presumption of Intent

  A presumption of intent to revoke arises if the original of a testator's will cannot be found to probate.   A copy of a will may be offered for probate in accordance with Chapter 5 of this title in lieu of the original will if the original cannot be found to probate, provided that the copy is proved by a preponderance of the evidence to be a true copy of the original will and that the presumption of intent to revoke set forth in subsection (a) of this Code section is rebutted by a preponderance of the evidence.     (Code 1981, §53-4-46, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 16.)   Law reviews.   - For article advocating repeal or amendment of this Code section, see 11 Ga. L. Rev. 297 (1977). For article, "Wills, Trusts, and Administration of Estates," see 53 Mercer L. Rev. 499 (2001).   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 635, 645, 650, 659, 677, 730. 79 Am. Jur. 2d, Wills, §§ 21, 516, 571, 575.   C.J.S.   - 95 C.J.S., Wills, §§ 412, 461 et seq., 593, 721.   ALR.    - Proof of contents in establishment of lost will, 126 A.L.R. 1139.   Destruction or cancellation of one copy of will executed in duplicate, as revocation of other copy, 17 A.L.R.2d 805.   What constitutes fraud within statute relating to proof of will "fraudulently" destroyed during testator's lifetime, 23 A.L.R.2d 382.   What constitutes "estate" of nonresident decedent within statute providing for local ancillary administration where decedent died leaving an estate in jurisdiction, 34 A.L.R.2d 1270.   Proof of due execution of lost will, 41 A.L.R.2d 393.   Fact that instrument is designated or otherwise identified as a copy affecting its status as will, 81 A.L.R.2d 1112.   Admissibility of testator's declarations on issue of revocation of will, in his possession at time of his death, by mutilation, alteration, or cancellation, 28 A.L.R.3d 994.   Probate of copy of lost will as precluding later contest of will under doctrine of res judicata, 55 A.L.R.3d 755.   Testator's failure to make new will, following loss of original will by fire, theft, or similar casualty, as constituting revocation of original will, 61 A.L.R.3d 958.   Sufficiency of evidence that will was not accessible to testator for destruction, in proceeding to establish lost will, 86 A.L.R.3d 980.   Sufficiency of evidence of nonrevocation of lost will where codicil survives, 84 A.L.R.4th 531.
GA Code § 53-4-47 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 5 - Revocation and Republication|§ 53-4-47. Effect of Implied Revocation

 An implied revocation extends only so far as an inconsistency exists between testamentary instruments. Any portion of a prior instrument that can stand consistently with the testamentary scheme in a subsequent instrument shall remain unrevoked.    (Code 1981, §53-4-47, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, § 489.   C.J.S.   - 95 C.J.S., Wills, § 398 et seq.   ALR.    - Necessity that later will refer to earlier will in order to effect a revocation under statutes providing that a will may be revoked by a subsequent will declaring the revocation, 28 A.L.R. 691.    Wills: cutting down estate created by absolute direction to testamentary trustee to pay over and deliver funds by subsequent provision, making different disposition, 46 A.L.R. 781.   Conflict of laws respecting revocation of will, 9 A.L.R.2d 1412.   Implied revocation of will by later will or codicil, 59 A.L.R.2d 11.   Probate where two or more testamentary documents, bearing the same date or undated, are proffered, 17 A.L.R.3d 603.
GA Code § 53-4-50 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 5 - Revocation and Republication|§ 53-4-50. Republication of Revoked Will

 A revoked will may be republished by a writing executed by the testator and subscribed and attested by witnesses with the same formality required for a will.    (Code 1981, §53-4-50, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For annual survey of law of wills, trusts, guardianships, and fiduciary administration, see 56 Mercer L. Rev. 457 (2004).   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, §§ 597, 606 et seq.   C.J.S.   - 95 C.J.S., Wills, §§ 431 et seq., 437 et seq.   ALR.    - Codicil as affecting application of statutory provision to will, or previous codicil not otherwise subject, or as obviating objections to lack of testamentary capacity, undue influence, or defective execution otherwise fatal to will, 87 A.L.R. 836.    Retrospective application of statute concerning execution of wills, 111 A.L.R. 910.    Admissibility of declarations by testator on issue of revocation of will, 172 A.L.R. 354.   Codicil as validating will or codicil which was invalid or inoperative at time of its purported execution, 21 A.L.R.2d 821.   Codicil as reviving revoked will or codicil, 33 A.L.R.2d 922.   Codicil as reviving or satisfied, bequest or devise, 58 A.L.R.2d 1072.   Revocation of will as affecting codicil and vice versa, 7 A.L.R.3d 1143.