Legal Question in Wills and Trusts in Georgia

Who is the person making a will? You? Your son? Someone else? The law distinguishes between administrators and executors. The person in charge of the estate for a dead person is called an executor when there is a will and an administrator when there is no will. So calling the son an administrator and asking to witness a will does not make sense.

If the son is named as an executor in a will, obviously the will is for someone else. A person who makes a will cannot be a witness to that person's own will. Nor could the spouse if the spouse was to receive an inheritance under the will

Georgia law requires that whoever makes the will (called the testator if a man and testatrix if a woman) has to have the will witnessed by at least 2 persons who are NOT beneficiaries under the will. So if the son or spouse stands to inherit land or cash or anything else, he/she cannot be a witness of the will.

I recommend that when someone makes a will, that they take the will (if not done by a lawyer who has a notary and other office staff to serve as witnesses) and trudge on down to a UPS store. They offer notary services there. Wait for 2 people to customers to come to the business and ask them to be witnesses and have everyone sign in front of each other and the notary. Georgia law requires everyone to sign in front of each other. That way, the will is properly witnessed and will be self-proving, meaning that the witnesses will not have to come and testify when the will is submitted for probate.

Of course, if this will was for someone else, the will named son as executor and neither of son's parents are beneficiaries under the will, then yes, they can serve as witnesses.