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O.C.G.A. § 53-2-20 <-- --> O.C.G.A. §53-2-22

2010 Georgia Code

TITLE 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

CHAPTER 2 - WILLS
ARTICLE 2 - TESTAMENTARY CAPACITY
§ 53-2-21 - (Pre-1998 Probate Code) Correlation of capacity to contract with capacity to make a will; determination of amount of intellect necessary to constitute testamentary capacity

O.C.G.A. 53-2-21 (2010)
53-2-21. (Pre-1998 Probate Code) Correlation of capacity to contract with capacity to make a will; determination of amount of intellect necessary to constitute testamentary capacity


(a) An incapacity to contract may coexist with a capacity to make a will.

(b) The amount of intellect necessary to constitute testamentary capacity is that which is necessary to enable the testator to have a decided and rational desire regarding the disposition of his property. The testator's desire must be decided, as distinguished from the wavering, vacillating fancies of a distempered intellect, and rational, as distinguished from the ravings of a madman, the silly pratings of an idiot, the childish whims of imbecility, or the excited vagaries of a drunkard.