Knowledge of contents of will by testator

Knowledge of the contents of a will by the testator is necessary to the validity of a will. If the testator can read, the testator’s signature or acknowledgment of that signature is presumed to show such knowledge. History. — Code 1981, § 53-4-21, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section carries forward the first two sentences of OCGA Sec. 53-2-42. Former OCGA Sec. 53-2-42 also stated that greater proof will be necessary to show that the testator knew the will’s contents if the scrivener or the scrivener’s immediate family receive substantial amounts under the will. The reference is repealed as unnecessary in that suspicious circumstances such as those described will result in closer scrutiny of the circumstances surrounding the will execution under the theories of duress and undue influence. Likewise, former OCGA Sec. 53-2-46, dealing with the competency required of an interpreter who is used to convey the wishes of the testator to the scrivener or the witnesses, is repealed as unnecessary.