Will Disputes

In a will dispute (also called a will contest or a will caveat), a beneficiary or interested party files a formal objection to a last will and testament of a recently deceased person, often a family member. The objecting person may believe the will was signed as a result of fraud, coercion or undue influence, or he or she may believe the decedent lacked the mental capacity to sign a will. Gaslowitz Frankel LLC attorneys have a strong record of success in representing claimants and executors in will contests.

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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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