Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Tuesday, October 22, 2013

Defects in an Affidavit Render it Ineffective

GavelIn Martina v. Elrod, No. S13A0907, 2013 WL 4779547 (Ga. Sept. 9, 2013), the Georgia Supreme Court held that a purported self-proving affidavit attached to the testator’s will did not comply with the requirements of Georgia law. The required notary’s certificate lacked affirmation by the notary of three of the statutory requirements: a recitation that those signing the affidavit were known to the notary to be the testator and witnesses, that the witnesses were signing at the testator’s request, and that the witnesses were at least 14 years of age. The affidavit was not in substantial compliance with the statute because the three requirements were not met.

Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.


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