Georgia Statutes
§ 53-4-11 — Decided and rational desire; incapacity to contract; insanity; advanced age or eccentricity
Georgia § 53-4-11
JurisdictionGeorgia
Title53
This text of Georgia § 53-4-11 (Decided and rational desire; incapacity to contract; insanity; advanced age or eccentricity) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
O.C.G.A. § 53-4-11 (2026).
Text
(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.
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Related
Horton v. Hendrix
662 S.E.2d 227 (Court of Appeals of Georgia, 2008)
Lillard v. Owens
641 S.E.2d 511 (Supreme Court of Georgia, 2007)
Patterson-Fowlkes v. Chancey
732 S.E.2d 252 (Supreme Court of Georgia, 2012)
Harper v. Harper
554 S.E.2d 454 (Supreme Court of Georgia, 2001)
Mosley v. Warnock
651 S.E.2d 696 (Supreme Court of Georgia, 2007)
Ashford v. Van Horne
580 S.E.2d 201 (Supreme Court of Georgia, 2003)
Caswell v. Caswell
675 S.E.2d 19 (Supreme Court of Georgia, 2009)
Wilson v. Lane
614 S.E.2d 88 (Supreme Court of Georgia, 2005)
Amerson v. Pahl
734 S.E.2d 399 (Supreme Court of Georgia, 2012)
In Re Estate of Diaz
524 S.E.2d 219 (Supreme Court of Georgia, 1999)
Dawson v. Dawson
597 S.E.2d 114 (Supreme Court of Georgia, 2004)
Suntrust Bank, Middle Georgia, N.A. v. Harper
551 S.E.2d 419 (Court of Appeals of Georgia, 2001)
Lawson v. Lawson
701 S.E.2d 180 (Supreme Court of Georgia, 2010)
Burchard v. Corrington
700 S.E.2d 365 (Supreme Court of Georgia, 2010)
Mosley v. Lancaster
770 S.E.2d 873 (Supreme Court of Georgia, 2015)
Woods v. Stonecipher.
824 S.E.2d 633 (Court of Appeals of Georgia, 2019)
WEBB v. REEVES Et Al.
791 S.E.2d 35 (Supreme Court of Georgia, 2016)
Kathy Smallwood O'Callaghan v. Susan Angela Samples
(Court of Appeals of Georgia, 2020)
BARBARA CREAMER v. MABLE MANLEY
(Court of Appeals of Georgia, 2024)
MEADOWS v. BEAM
(Supreme Court of Georgia, 2017)
Nearby Sections
15
§ 53-1-10
Lifetime transfers§ 53-1-11
Value§ 53-1-12
Manner of taking into account§ 53-1-2
Definitions§ 53-1-3
Dower and tenancy by curtesy§ 53-1-8
Adopted individuals§ 53-10-1
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Bluebook (online)
Georgia § 53-4-11, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/53-4-11.