Legal Question in Wills and Trusts in Georgia

Re: Witness and Executor of the will?

Georgia law provides: "(a) If a subscribing witness is also a legatee or a devisee under the will, the witness shall be competent; but the legacy or devise to him shall be void unless there are at least two other subscribing witnesses to such will who are not legatees or devisees under such will.

\GA Code 53-2-45

Re: Witness and Executor of the will?

OCGA Section 53-4-23 states: (a) 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. (b) 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.

It may be that the signature of the Executor stands as one of the necessary 2 witnesses to the Will, but that if there are not 3 witnesses (2 in addition to the Executor) any gifts, devises and legacies to the Executor may be declared Void.

Good Luck