No particular form is necessary to constitute a will. To determine whether an instrument is a will, the test is the intention of the maker to be gathered from the whole instrument, read in light of the surrounding circumstances. If the intention is to convey a present interest, though the possession is postponed until after death, the instrument is not a will. If the intention is to convey an interest accruing and having effect only at death, the instrument is a will.
History. Code 1981, § 53-4-3 , enacted by Ga. L. 1996, p. 504, § 10.
Structure Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Article 1 - General Provisions
§ 53-4-2. When Will Takes Effect
§ 53-4-3. Determination Whether Instrument Is Will
§ 53-4-4. Incorporation of Extrinsic Documents Into Will
§ 53-4-5. Written Statement or List Disposing of Items of Tangible Personal Property