Is a Will legal on audio tape orCD and not in writing?

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Is a Will legal on audio tape orCD and not in writing?

Someone keeps promising me her estate but I think she is just using me to do things for her.

Asked on August 8, 2010 under Estate Planning, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally, a Last Will and testament has to be in writing and witnessed in order to be valid.  "in writing" means typed or printed.  Some states allow for handwritten Wills.  Georgia does not.  These are the basic requirements, along with some other conditions that are mandatory such as competence.

What you are asking is if a Will may be made orally in Georgia.  The answer to this is yes, but only in VERY LIMITED CIRCUMSTANCES.  It can be made only in time of last illness and must be proved by oath of at least two witnesses present at making and the testator must have told those present to "bear witness" that such was his will. It also must be reduced to writing within 30 days of speaking.

So yes, I would have to agree with how you have assessed the situation that you are in and I would do something to change it.  Good luck.




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