How do courts in Georgia interpret the intent of a testator in a will?

In interpreting the intent of a testator in a will, courts in Georgia focus primarily on the language of the will itself and the surrounding circumstances. This approach allows the court to discern what the testator intended at the time the will was executed by examining both the words used in the document and any relevant context that may illuminate the testator's wishes.

Using the language of the will is paramount because it directly reflects the testator's intentions and desires. Courts will scrutinize how specific phrases are constructed and what they imply about the testator's intentions regarding the distribution of their estate. Additionally, considering surrounding circumstances involves looking at factors such as the testator's relationship with beneficiaries, any previous wills, and the general factual context at the time the will was made. This comprehensive approach ensures that the court honors the testator's true intent, rather than being limited to only a literal interpretation of the document.

This method is preferred over rigidly focusing on a single element, such as the final signature, or relying solely on past precedents or expert testimony, which may not capture the specifics of the testator's intentions in the unique context of each case.