Former Code Sec

O.C.G.A. § 53-2-25 — under Title 53.

O.C.G.A. § 53-2-25

53-2-21 described the capacity necessary to make a will as including a ‘‘decided and rational desire’’ on the part of the testator: ‘‘decided, as distinguished from the wavering, vacillating fancies of a distempered intellect, and rational, as distinguished from the ravings of a madman, the silly pratings of an idiot, the childish whims of imbecility, or the excited vagaries of a drunkard.’’ The changes from the former Code section are not intended to change the standard for determining testamentary capacity, but rather to eliminate from the Code language that was merely illustrative and, in some cases, outdated. The terms ‘‘insane’’ and ‘‘monomania,’’ while of uncertain medical meaning, are retained because they have been defined or referred to often in Georgia case law. Former OCGA Sec. 53-2-24 is not carried forward so that individuals who are suffering from disabilities such as hearing or speech impairments or visual impairments may make wills in the same way as individuals who do not suffer from such impairments. 327 53-4-11 WILLS, TRUSTS, AND ESTATES 53-4-11