Question 83

One criterion for a nuncupative will to be valid in Georgia is that it must be heard by two witnesses who have no interest in the estate.

In Georgia, a nuncupative will is considered valid if it is made in the presence of two witnesses who do not have any financial interest in the estate being bequeathed.

A) Must be filmed

This option is incorrect as there is no requirement in Georgia law that mandates a nuncupative will to be filmed. The validity is based on the presence of witnesses rather than any recording medium.

B) Must be heard by two witnesses who have no interest in the estate

This option is correct. In Georgia, for a nuncupative will to be valid, it must be made in front of two witnesses who are not beneficiaries of the estate, ensuring impartiality in the witnessing process.

C) Must be put into writing within 45 days

This option is incorrect because, while a written form may be necessary for other types of wills, a nuncupative will in Georgia specifically requires the presence of witnesses rather than a written document within a specific timeframe.

D) Must be written by a third party with no interest in the estate

This option is incorrect as it misrepresents the requirements for a nuncupative will. The key criterion is the presence of witnesses rather than the need for a third party to write the will.

Conclusion

The correct answer, B, highlights the requirement for two disinterested witnesses to validate a nuncupative will in Georgia, which is a critical aspect of ensuring that such wills are made fairly and without coercion. All other options fail to meet the legal criteria established by Georgia law for nuncupative wills, underscoring the importance of witness testimony in the validity of these types of wills.