Georgia HB 618: Wills, trusts, and administration of estates; elder abuse protections regarding wills; provide

Bill Text

21 LC 48 0379
H. B. 618
- 1 -
House Bill 618
By: Representatives Reeves of the 34
th and Scoggins of the 14
th
A BILL TO BE ENTITLED
AN ACT
To amend Article 3 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated,1
relating to execution and attestation, so as to provide for elder abuse protections regarding2
wills; to provide for a definition; to provide for requesting a judgment of validity; to provide3
for the admissibility of facts; to provide for revocation; to provide for related matters; to4
repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Article 3 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to8
execution and attestation, is amended by adding a new Code section to read as follows:9
"53-4-25.10
(a) As used in this Code section, the term 'interested party' means:11
(1) The testator who prepared the will;12
(2) Any heir at law;13
(3) Any guardian;14
(4) Any conservator;15
(5) Any beneficiary;16

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(6) Any creditor of the testator to file this proceeding; or17
(7) Any person who would benefit from the will being constructed by undue influence18
or lack of capacity.19
(b) Any person who executes a will disposing of such person's estate in accordance with20
this article, or any interested party as defined in this Code section, who shows that the21
alleged testator may have been the victim of elder abuse or fraud or misrepresentation in22
the making of his or her will may petition the court for a judgment declaring the validity23
of the will regarding:24
(1) The signature on the will whether in the probate court or superior court;25
(2) The required number of witnesses to the signature and their signatures; and26
(3) The testamentary capacity and freedom from undue influence of the person executing27
the will.28
(c) The facts found in such proceedings regarding the validity of the will brought under29
this Code section shall not be admissible in evidence in any proceeding other than one30
brought in this state to determine the validity or invalidity of a will, nor shall the31
determination in a proceeding under this Code section be binding upon the parties to such32
proceeding in any action not brought to determine the validity of a will.33
(d) All beneficiaries named in the will and all the testator's existing intestate successors34
shall be named parties to the action, and all beneficiaries and intestate successors and35
interested parties shall be deemed possessed of inchoate property rights.36
(e)(1) Any beneficiary named in the will and all the testator's intestate successors as of37
the date of the filing of the declaratory judgment action and any court appointed guardian38
or conservators and attorneys in fact shall be named parties to the proceeding.39
(2) Any beneficiary named in the will and all the testator's intestate successors as of the40
date of the filing of the declaratory judgment action shall be deemed possessed of41
inchoate property rights.42

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(f) If the court finds that the will has been properly executed pursuant to Code43
Section 53-4-20, and that the testator has the requisite testamentary capacity and freedom44
from undue influence, it shall declare the will valid and order it placed on file with the45
probate or superior court of the county of residence of the testator.46
(g)(1) A finding of validity under this chapter shall constitute an adjudication of probate47
as of the time of the testator's death unless the will is revoked or amended by codicil as48
authorized by law. The will shall be binding unless and until the testator or any interested49
party executes a new will or executes a codicil.50
(2) A finding of validity pursuant to this Code section shall constitute an adjudication of51
probate. Such validated wills may be modified or superseded by subsequently executed52
valid wills, codicils, and other testamentary instruments, whether or not validated53
pursuant to this Code section, provided that such wills are executed pursuant to Code54
Section 53-4-43.55
(h) Service of process upon the parties to the proceeding shall be made in accordance with56
Code Section 53-5-46."57
SECTION 2.58
All laws and parts of laws in conflict with this Act are repealed. 59