Will and Estate Disputes

A trustee, executor, administrator or guardian is a fiduciary and is required by law to perform his or her duties in good faith and with the best interests of the beneficiaries in mind. The attorneys at Gaslowitz Frankel LLC, represent plaintiffs and defendants in claims involving an alleged breach of fiduciary duties by a trustee, executor, administrator or guardian. We also represent executors or beneficiaries where a beneficiary objects to or challenges the probate of a last will and testament. Contact us today and learn how we can use our knowledge and experience to resolve your trust, will and estate disputes.

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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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