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Georgia · Snapshot Public.Resource.Org bulk O.C.G.A., Release 86 (2022-11), retrieved 2026-09-17

O.C.G.A. § 53-4-11: Decided and rational desire; incapacity to contract; insanity; advanced age or eccentricity.

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Where this section sits in the code
  1. TITLE 53 Wills, Trusts, and Administration of Estates
  2. CHAPTER 4 Wills
  3. Article 2 Testamentary Capacity

(a) Testamentary capacity exists when the testator has a decided and rational desire as to the disposition of property.

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

(c) An insane individual generally may not make a will except during a lucid interval. A monomaniac may make a will if the will is in no way connected with the monomania. In all such cases, it must appear that the will expresses the wishes of the testator unbiased by the insanity or monomania with which the testator is affected.

(d) Neither advancing age nor weakness of intellect nor eccentricity of habit or thought is inconsistent with the capacity to make a will.

Collected 2026-09-17T19:34:58Z. Source file · JSON

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