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How many witnesses are needed in Georgia for a will?
Two (2) with at least one that's marking. Contact a layer to be certain.Read more here:Georgia Code Section 53-4-20. Execution and signature of will; witnesses.(a) A will shall be in writing and shall be signed by the testator or by some other individual in the testator's presence and at the testator's express direction. A testator may sign by mark or by any name that is intended to authenticate the instrument as the testator's will.(b) A will shall be attested and subscribed in the presence of the testator by two or more competent witnesses. A witness to a will may attest by mark. Another individual may not subscribe the name of a witness, even in that witness's presence and at that witness's direction.(c) A codicil shall be executed by the testator and attested and subscribed by witnesses with the same formality as a will.
Does the executor of a will have to live in the same state as the testator?
No, the executor of a will does not have to live in the same state as the testator. However, it can sometimes be beneficial for the executor to be located near the testator’s assets or have knowledge of local laws.
Is a codicil a clause in a will affirming the testator's testamentary capacity?
A codicil is a legal document that allows an individual to make changes or additions to their existing will without rewriting the entire document. It does not affirm the testator's testamentary capacity, but it does require the same legal formalities as a will and must be executed by a person of sound mind.
Can a will be handwritten?
Yes. It is even better than a typed or printed Will. Called a holograph Will. Much easier to prove in a court of law by the propounder if there is necessity for probate in that legal system. There are two types of Wills: Privileged and unprivileged. Priviliged Wills are of Soldiers, Sailors, Airmen - basically serving in professions dealing with security and outside; far away from their homes. Privileged Wills do not need to be proved by witnesses as required by most legal systems as concerns unprivileged Wills which I will come to next. There are privileged wills that have been written by dying soldiers on scraps of paper; on cigarette packet covers; matchboxes in just about legible hand, have all been upheld by any court before which they have been produced for probate by the propounder who was often the buddy/comrade of the dead soldier. The unprivileged Will is for the rest of the populace, and when holograph is even better, but the testatot definitely must have a legible hand, so that anyone who reads it would get to know what he really means. The unprivileged will must be signed by at least two witnesses who have seen the testator sign the Will and the testator should have seen the witnesses sign, of whom at least one witness would be required to present before the probate court to prove the Will if probate is necessary. Otherwise the Will needs to be proved by at least one witness in any civil proceedings. I saw the deceased affix this (point to the signature), his signature to the Will. The deceased saw me sign this (point to the signature), my signature on the Will. That is all. The Will is proved. Any caveator who wants to challenge the genuineness of Will will cross-examine the witness and shatter his testimony, any way. If the Will is genuine the old adage stands: "The truth is easy to explain; a lie is very hard to defend." ABOUT HOLOGRAPHIC WILLS from over ten years experience in the probate court in New Jersey: A holographic will is NOT better than a standard typewritten having two witnesses for several reasons. 1. Holographic will are more difficult to probate than standard wills; therefore they are more apt to be denied probate. Under the Uniform Probate Code adopted by 18 states and by many others in part, a will may be made "self-proved" at the time the will is executed or even at a later date by having the witnesses and the testator sign affidavits as to the due execution of the will. Following the self proving procedure means that the will can be probated without locating the witnesses at a later date. A holographic will cannot be made self-proved because it does not has no witnesses. This means that two things have to be proved for a holographic will that do not have to be proved on a standard will One is that someone familliar with the handwriting of the testator must testify that he/she is familiar with the testator's handwriting and that it matches the handwriting of the will. Even if the will is not self-proved, as long as there is a proper attestation clause over the witnesses's signatures, the witness does not even have to remember witnessing the will. The witness essentially relies on the attestation clause. Second, that same person or some other person must testify that he/she is familiar with the signature of the testator and that the signature on the will is the testator's signature. Without these two proofs, a holographic will will be denied probate thereby ruining the testator's intentions. 2. A holographic will is written by the testator who is most likely not a lawyer. As such the testator may be unfamiliar with technical laws of wording bequests, trusts and appointments of fiduciaries. There is a greater chance of the testator's true wishes going unfulfilled with a holographic will than with a standard will because the holographic will might use improper or ambiguous language. As an example, a testator might give money to another person to be used in trust for another person. But it happens sometimes that faulty language is used such as "I give this money to Person A and I would like him to use it for Person B." With this language Person A does not have to use it for Person B. The testator's language indicates a wish not a binding direction. 3. Most probate courts probate wills by a simple affidavit of one of the witnesses in an administrative manner. Some states require holographic will to be proved in court with live testimony before a judge. In addition, notice may have to be sent to everyone who who would be affected positively or negatively by the probate. A court trial, even if uncontested will add hundreds if not thousands of dollars to the cost of just getting the will admitted to probate, because of all the excess and unnecessary attorneys time and services that have to be put in. This also increases the time it takes to probate the will. Usually a standard will can be probated in several days, but a holographic will needs more time because of the notice requirements and trial time schedule. 4. It is easier to lose or misplace or just not even find a holographic will. Holographic will do not look like standard wills, since they are often written on plain stationery, which have been known to have been thrown out by mistake. Thus, holographic wills are more expensive to probate, more time consuming and more apt to defeat the testator's purpose in whole or in part than a standard two witness will. Are they better than standard wills? Not on your life.
What is the purpose of witnesses signing a will?
For a number of reasons. To ensure the testaor was not under duress when he was signing the will. Also to ensure it was in fact the testator themselves who signed the will. This is a very important part of signing a will. Generally, a will must be signed in the presence of two witnesses, who are actually in the room with the person at the same time. I have seen a number of wills invalidated because this step was handles incorrectly.
Can the grantee in a deed also be the witness?
No. If you need a witness on a deed it should not be the grantee in the same deed since they benefit from the document. The witness should be an objective third party.No. If you need a witness on a deed it should not be the grantee in the same deed since they benefit from the document. The witness should be an objective third party.No. If you need a witness on a deed it should not be the grantee in the same deed since they benefit from the document. The witness should be an objective third party.No. If you need a witness on a deed it should not be the grantee in the same deed since they benefit from the document. The witness should be an objective third party.
How many witnesses are needed in Georgia for a will?
Two (2) with at least one that's marking. Contact a layer to be certain.Read more here:Georgia Code Section 53-4-20. Execution and signature of will; witnesses.(a) A will shall be in writing and shall be signed by the testator or by some other individual in the testator's presence and at the testator's express direction. A testator may sign by mark or by any name that is intended to authenticate the instrument as the testator's will.(b) A will shall be attested and subscribed in the presence of the testator by two or more competent witnesses. A witness to a will may attest by mark. Another individual may not subscribe the name of a witness, even in that witness's presence and at that witness's direction.(c) A codicil shall be executed by the testator and attested and subscribed by witnesses with the same formality as a will.
Does a witness need actually see the testator sign the will?
This answer depends on the laws of the state in which the will is executed and/or perhaps in the state where the will is going to be offered for probate. Some states are more lenient than others with regard to execution. In some states like NJ, a will is properly executed if a witness either sees the testator sign the will or hears the testator acknowledge that the signature on the will is his/hers. This permits a testator to sign the will in front of one person then later tell another person that he signed it and that the signature is his/hers. The second witness would sign the will as a witness, but the attestation clause would have to be re-worded to state that the second witness did not see the actual signing but did hear the testator acknowledge his signature.
Can addendums in PA be made to a will by a notary?
Addendums to a will, codicils, can only be made by the testator. Codicils should be drafted in the same form as the will and they should be notarized.
Can you be both a witness and a personal representative for the same will?
No. A third party who is not mentioned in the will should act as witness.
Can the testator and executor be the same person?
No. The testator is the person who makes a Will.The executor is the person named in a Will as the person who will settle the estate according to the provisions in the Will after the death of the testator. The executor must submit the Will for probate and petition for appointment by the court.
Does the executor of a will have to live in the same state as the testator?
No, the executor of a will does not have to live in the same state as the testator. However, it can sometimes be beneficial for the executor to be located near the testator’s assets or have knowledge of local laws.
Is it legal for a notary to witness a will or other document and then notarize the same document Can it be thrown out as a legal document?
That is what Notaries DO. They witness and substantiate the signatures on the document as being valid.However, the simple act of notarization does NOT make a document a "legal" document.In the case of a will - the Notary's only function (IF notarization of a will was even required by state laws) would be to ensure that the signature of the testator was genuine. The purpose of witnesses to a the signing of a will is if the signature of the testator happened to be challenged at probate, the witnesses could be called upon to verify that the signature actually was the decedents.
Should an executor suggest changes to a will?
Suggest changes to whom? The will should be drafted by the testator without influence by any other party except their lawyer or a trusted friend or relative with whom they usually discuss their private affairs. And, suggestions should be made only at the request of the testator. Changes made at the unsolicited suggestion of the executor may constitute undue influence.The executor has no special right or position to influence the testator unless they have always been a trusted advisor. An executor who has too much influence on the testator can cause the will to be vulnerable to challenges.Another PerspectiveIf the executor has special knowledge about the law that the testator does not have, then there's no reason he couldn't pass that along... something like "hey, this bit here? You can't actually do that. You can accomplish pretty much the same thing by wording it like this..."
Is a witness the same as an onlooker?
Yes, both a witness and an onlooker are the same thing, one who sees an event unfold.
Should kids under 12 have a facebook page?
I think that they should so they can keep in touch with friends and family. althuogh they can ave a skype page or the same reason
Is the Mormon faith the same as the Jehovah's Witness faith?
No, the Mormon faith and the Jehovah's Witness faith are not the same. They have different beliefs, practices, and origins.
