Under Georgia law, when is a holographic will considered valid?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The correct answer is that a holographic will is considered valid when it is handwritten by the testator only. Under Georgia law, a holographic will does not require witnesses or formal statutory execution requirements that apply to traditional wills. For a holographic will to be valid, the testator must write it in their own handwriting, which indicates their intention to create a will. This handwritten nature of the will serves as a testament to its authenticity because it is presented as a direct expression of the testator's wishes.

In contrast, formal statutory requirements typically apply to non-holographic wills, which must be executed with witnesses and attestation to be valid. This is where the distinction lies: while formally executed wills must conform to detailed rules, a holographic will's validity centers solely on the testator’s handwriting and intent as shown through that handwriting. Thus, options that mention the necessity of witnesses, notarization, or formal execution do not apply to holographic wills under Georgia law.

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