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The lawyers at Gaslowitz Frankel LLC, located in Atlanta, look forward to the challenges that come with litigation. We represent both plaintiffs and defendants in a variety of complex civil litigation matters, and understand the risks and consequences that may result from trial. Therefore, we always make a concerted effort to help our clients make the choices that are right for them.

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Land v. Burkhalter - Witnesses to a will

Posted: April 3rd, 2009 by Gaslowitz Frankel LLC



Three persons attempted to witness a will.  One of them, a notary, signed on a line that was reserved for witnesses and also signed as a notary.  The notary signed in the presence of the testator (the person who made the will); the second witness also signed in the testator’s presence; the third witness, however, signed the will in another room.  Georgia law requires that a will be attested by two witnesses in the presence of the testator.  A notary may not sign as both a notary and a witness, but since the will did not need to be notarized, the notary’s signature was valid as a witness signature, and the Supreme Court held that the will was executed properly. 

283 Ga. 54 (2008) 

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