Testator
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Land v. Burkhalter - Witnesses to a will
Posted: February 4th, 2008 by Gaslowitz Frankel LLCIn Land v. Burkhalter 1, 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. The notary was disqualified from signing 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.
1 2008 WL 215217 (Ga. 2008)
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