Georgia Wills Litigation Articles

Rely on the knowledge and experience of the Atlanta Probate Lawyers at Aitkens Law Firm. If you’re considering contesting a will, we’re here to help.

What is testamentary capacity?

To validly execute a will, a testator must possess what is referred to as “testamentary capacity.” Generally speaking, testamentary capacity is the legal and mental ability to make or alter a valid will. What constitutes testamentary capacity differs from state to state. In Georgia, pursuant to O.C.G.A. § 53-4-10(a), any individual 14 and older may …
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